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

trial win offers solace to highway authorities facing winter maintenance claims

25 July 2014

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 has a carefully prepared and reasonable adverse weather policy
  • it was reasonable to prioritise the roadways over a footpath
  • in days of limited resources, it is inevitable that one cannot do everything and in this instance reasonably practicable steps had been taken.

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.

related opinions

Remote trials – here to stay?

With cross-country travel and in person gatherings largely prohibited due to the Covid-19 pandemic, the Courts are using remote or virtual trials to ensure the justice system ticks along.

View blog

Directors who fail to prepare, should prepare to fail

Two recent judgments demonstrate the risk that directors (of insolvent companies) face of being personally liable if appropriate records and procedures are not followed and if it cannot be shown that certain payments were in the interests of the company.

View blog

Remote mediation – here to stay?

Mediation has long been considered an effective method of alternative dispute resolution. With ‘in-person’ mediations no longer possible, remote or online mediations have risen to the fore.

View blog

Employers liability for practical jokes in the workplace

The extent of vicarious liability has been tested by the courts again and this time in relation to employees engaging in horseplay and practical jokes.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up