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Court of Appeal Judgment in a Highways Act case
7 December 2010

Andrew Prynne QC and Paul Kilcoyne appeared for the Appellant in a claim against the Local Authority and the Highway Authority.  The Court of Appeal held that the duty to maintain the highway under the 1980 Act does not extend to clearing debris on the road surface that constitutes a danger but if those who clean the road (Hounslow) do so in a manner whereby the build up of debris can be said to constitute a trap then there is a good cause of action against them in negligence for misfeasance.

 

The judgment can be found on Lawtel: Valentine v Transport for London and L.B. Hounslow [2010] EWCA Civ 1358.

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