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West Sussex County Council v Russell




[2010] EWCA Civ 71

2010-02-01

CONTRIBUTORY NEGLIGENCE : DUTY OF CARE : HIGHWAY AUTHORITIES : HIGHWAY MAINTENANCE : ROAD TRAFFIC ACCIDENTS : SPEED : VERGES : BREACH OF DUTY OF CARE : FAILURE OF HIGHWAY AUTHORITY TO REMEDY DIFFERENCE IN HEIGHT BETWEEN VERGE AND CARRIAGEWAY : s.41(1) HIGHWAYS ACT 1980 : s.58(1) HIGHWAYS ACT 1980 : s.58(2)(d) HIGHWAYS ACT 1980

 

A judge was entitled to find that a highway authority had breached its duty of care under the Highways Act 1980 s.41(1) by failing to remedy a difference in height of between 6 and 12 inches between a verge and a carriageway.