|
|
Article: Law report: Footpath on estate was a highway maintainable at public expense 17 July 2002 Gulliksen v Pembrokeshire County Council ([2002] EWCA Civ 968) Court of Appeal, Civil Division (Lord Woolf, Chief Justice, Lord Justice Waller and Lord Justice Sedley) 11 July 2002
- Article from:
- The Independent (London, England)
- Article date:
- July 17, 2002
- Author:
CopyrightCopyright 2002 The Independent - London. Provided by ProQuest LLC. (Hide copyright information)
|
A LOCAL authority which owned an estate in its capacity as housing
authority was, in its capacity as highway authority, in breach of its
duty under section 41 of the Highways Act 1980 to maintain highways
maintainable at public expense in failing to maintain a footpath on
the estate.
The Court of Appeal allowed the claimant's appeal against a
decision dismissing his claim against the defendant local authority
for damages for personal injury.
The claimant was walking along a footpath on an estate, built in
the early 1970s and owned by the defendant local authority in its
capacity as housing authority when he caught his foot on a lip at the
edge of a manhole cover. He fell, injuring his ...