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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.

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