Summary of Recent Cases – Substantive Law

Second Appeal In Highways Case

Lawrence v. Kent County Council, CA, 26/04/12

The Claimant was injured when she tripped on a protruding manhole cover which the Defendant was responsible for. The case was a relatively rare example of a claim under the Highways Act 1980 reaching a second appeal. Although the Court accepted the Claimant’s main ground of appeal that opinion evidence of eye-witnesses is admissible in civil proceedings (overturning the High Court’s ruling to the contrary), it allowed the Defendant’s cross-appeal and substituted its own finding that the hazard was not dangerous and that in so finding the trial judge had failed to properly balance the public and private interests that were at play. Costs remain at large. The judgment is of wider interest because their Lordships discussed at some length the approach that an appellate court should take to appeals on questions of contested fact.

May 23, 2012 В· Editorial Team В· Comments Closed
Posted in: Cases