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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.
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.
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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.
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.
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.
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