0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Forgotten your password?

Rogers v National Assembly for Wales, Court of Appeal, 30 January 2004

3 February 2004
The issues

Highways – Section 41 Highways Act 1980 – Section 58 Highways Act 1980 – Statutory Defence – road traffic accident.

The facts

The Claimant’s car hit another car. The Claimant sued the Defendant Authority, alleging that it had breached its duty to maintain under Section 41 Highways Act 1980. The Judge found that the road surface when wet was liable to cause skidding and included that the probable cause of the accident was the wet and dangerous road surface. The Judge further found that the Defendant could not rely on a Section 58 Defence because the Defendant had failed to carry out certain repair works.

The Defendant appealed.

The decision

1. There was evidence in support of the Judge’s finding as to the cause of the accident and no basis on which to interfere with a conclusion based on an assessment of that evidence and facts.

2. The Judge found as a fact that the Defendant had not dealt with the defective condition of the surfacing speedily. This also was a finding based on evidence before the Judge that he was entitled to reach.

Appeal dismissed.

Focus on...

Legal updates

Gosden and another v Halliwell Landau and another [2021] EWHC 159 (Comm)

This claim addressed the question, of when the date for assessment of damages in cases of negligence should be determined and shows that when appropriate the Courts will depart from the default position.

View

Legal updates

Assessing the scope of employers liability – Chell v Tarmac

These were the opening remarks of Mr Justice Martin Spencer when handing down his Judgment in the recent case of Andrew Chell v Tarmac Cement and Lime Limited [2020] EWHC 2613, the latest in a series of appeals dealing with the scope of vicarious liability.

View

Legal updates

Non-payment of insurance premiums during the Coronavirus pandemic

The forced closure of many businesses as a result of the Coronavirus pandemic has had a huge impact on the nation’s Gross Domestic Product (GDP). Recent reports from the Office for National Statistics state that the economy was 25% smaller in April than it was in February this year.

View

Legal updates

Reinstatement for property damage losses – when does it apply?

The Court of Appeal has recently considered the correct test for measuring the indemnity for property damage losses and has provided useful guidance on whether an insured needs to intend to reinstate the property to its pre-loss condition.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up