Our team extracts useful practice points from some recent
successful defences of highway claims:
S.41, s.130 and s.150 Highways Act 1980 - negligence and
nuisance – failure to maintain – erection of
street furniture
Fry v Coventry City Council (2012) - Coventry County
Court
Facts - a bollard/post which had been concreted
into the footpath was smaller, thinner in diameter and of a
different colour to neighbouring bollards. The bollard had been put
in place as an afterthought following regeneration works, to
prevent road sweepers from mounting the pavement and disturbing the
paving slabs. The Claimant ran into and fell over the bollard
whilst running to catch a bus.
Findings - judgment for the Defendant:
