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Mr Yew sought damages against Gloucestershire County Council after slipping on ice on an untreated footway in Tetbury. He alleged that the council was in breach of Section 41(1A) of the Highways Act 1980.
We advised the county council that this was a case to fight to trial.
After accepting that the claimant had slipped as alleged, the judge concluded that:
The council therefore had a Section 58 defence and the claimant’s case failed.
This is the first reported trial win for a highway authority facing a footway Section 41(1A) claim. It demonstrates the kind of evidence that highway authorities need to produce to succeed at court and provides helpful guidance for how courts should approach these cases.
As has been widely reported this week, some 3,000 UK workers are taking part in a six month trial to assess the viability of a four-day working week without any reduction in their normal pay.
View blog
The Employment Appeal Tribunal (EAT) decision in the case of Warburton v The Chief Constable.
Restrictive covenants are widely recognised as a complex area of employment law that is of key importance to many organisations. However more recently, they have become a hot topic with the Government launching their consultation.
In Nissan v Passi, the High Court recently considered the issue of an employee retaining confidential documents belonging to his former employer in the context of the employer’s application for an injunction seeking the return of such documents from the employee.
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