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Carpenter v Pembrokeshire County Council, High Court

8 October 2002
The issues

Highways – road construction – steepness.

The facts

The Defendant had designed and constructed a new highway which left the Claimant with access to her property that she alleged was dangerously steep. She further alleged that the fact that it was so steep and allegedly unusable by cars made it impossible for her to turn her property into bed and breakfast accommodation. The matter came before the Judge (who had had a site inspection on which he had both walked and driven along the highway in question). On the issues of whether the access driveway was dangerously steep and if so whether it was negligent of the Council to so design it.

The decision

1. The access was neither dangerously steep nor unusable by cars.

2. It was unnecessary therefore to consider the second issue.

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