Summary of Recent Cases – Substantive Law


PERSONAL INJURY & FATAL ACCIDENTS

Duty Under Section 41 Of The Highways Act 1980 Did Not Extend To Removing Surface-Lying Materials From Highway

Valentine v. (1) Transport for London (2) Hounslow London Borough Council, CA, 7/12/10

The Court of Appeal held that the duty owed by a highway authority under s. 41 of the Highways Act 1980 to maintain the highway did not extent to a duty to remove surface-lying material (being grit in the instant case). The creation of a duty under s. 41(1)(A) to prevent danger arising out of snow and ice on the highway underlined the fact that the highway authority’s duty did not extend to remove other materials. Accordingly, the judge had been correct to strike out the claim against the highway authority.

Same Damage’ In Section 1(1) Of The Civil Liability (Contribution) Act 1978 To Be Construed Narrowly

Jubilee Motor Policies Syndicate 1231 v. Volvo Truck & Bus (Southern) Limited, QBD, 20/12/10

John Bowers QC (sitting as a deputy judge of the High Court) held that “same damage” in s. 1(1) of the Civil Liability (Contribution) Act 1978 had to be construed narrowly. A road traffic act motor insurer’s liability to satisfy judgment arising out a damages award for personal injuries and loss was contingent on its policy of insurance. Accordingly, such insurer was not liable for the ‘same damage’ as the wrong-doer who caused the personal injuries.

January 13, 2011 · Editorial Team · Comments Closed
Posted in: Cases