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

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

Insurance annual review 2019-2020

Welcome to our review of 2019 as we look ahead to what is on the horizon for the insurance sector in 2020.

View

Legal updates

Financial Services – ‘Duty of Care’ Bill: consumer protection or damp squib?

The Financial Services Duty of Care Bill (the “Bill”) was introduced into the House of Lords in October 2019 and had its second reading on 9 January 2020.

View

Legal updates

Noise-induced hearing loss claims – documentation and the expert engineer

Guest writer, Finch Consulting Senior Consultant Teli Chinelis applies his expertise in preparing engineering reports in relation to noise-induced hearing loss (NIHL) claims to explain information that is required from the claimant and information that is required and is advisable to be retained by employers, in order to ensure that claims can be fairly represented.

View

Legal updates

SRA Standards and Regulations November 2019

On Monday 25 November the 2011 SRA Handbook is replaced by the 2019 SRA Standards and Regulations (often referred to as STARS).This is the 26th version of the Code of Conduct for Solicitors.

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