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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.
On 14 January 2019 a Capped Costs Pilot Scheme was introduced in the Leeds and Manchester Business and Property Courts, and has been set to run for two years.
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In a lengthy majority judgment accompanied by two powerful dissenting opinions, the Supreme Court found yesterday that land acquired and held for statutory purposes cannot be registered as a village green where that registration is incompatible with the statutory purpose for which it is held.
The decision of the Supreme Court extends the scope of whistle-blower protection and is a wider approach than that taken in direct discrimination claims.
An 89 year old former patient pathway co-ordinator has been awarded £200,000 by an Employment Tribunal for unfair dismissal and age and disability discrimination following her dismissal on capability grounds.
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