Podcast Location:
Sorry, this podcast has been removed as it is now out of date
Categories:
Negligence & Personal Injury
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Regulated by ILEX:
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Cost:
  • a) £65+VAT for this CPDcast only
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Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast discusses the liability of Highway Authorities under the Highways Act 1980. It considers how the courts have analysed the concept of “foreseeable dangers” and “failures to maintain”. It considers the factors which are relevant to the s.58 defence, in particular the question of an adequate system of inspection. And finally, it explains the position since Gorringe on private law liability for negligent exercise of statutory powers.

Outcomes:
After completing the course you will:
  • Understand the liability of Highway Authorities under the Highways Act 1980;
  • Know how the courts have analysed the concept of “foreseeable dangers” and “failures to maintain”;
  • Know the factors which are relevant to the s.58 defence, in particular the question of an adequate system of inspection;
  • Understand the position since Gorringe on private law liability for negligent exercise of statutory powers.
Level:
Beginner Difficulty: 1 of 5
Sources and References:
  • Highways Act 1980;
  • Little v Liverpool Corp [1968] 2 All E.R. 343;
  • Griffiths v Liverpool Corp. [1967] 1 Q.B. 374;
  • Meggs v Liverpool Corp. [1968] 1 W.L.R. 689;
  • Bird v Tower Hamlets LBC (1969) 67 L.G.R. 682;
  • Ford v Liverpool Corp (1972) 117 S.J. 167;
  • Burnside v Emerson [1968] 1 WLR 1490;
  • Goodes v East Sussex [2000] 1 WLR 1356;
  • Gorringe v Calderdale MBC [2004] 2 All E.R. 326;
  • Pridham v Hemel Hempstead Corp. [1971] 69 L.G.R. 523;
  • Harrison v Derby City Council [2008] EWCA Civ 583;
  • Atkins v Ealing LBC [2006] EWHC 2515 (QB);
  • Bramwell v Shaw [1971] R.T.R. 167;
  • Jacobs v Hampshire CC The Times, May 28, 1984;
  • Stovin v Wise [1996] AC 923;
  • Barrett v Enfield LBC [2001] 2 A.C. 550.

In this podcast, we discuss the duty of local highway authorities to maintain the highway, and look at the factors which are important for determining liability. We consider how the statutory defence in the Highways Act 1980 operates, and how authorities have tried to avoid liability by asserting reasonable systems of maintenance. And finally, we consider the state of the law on the relationship between a failure to exercise a statutory power under the Highways Act and common law liability for negligence.

This course has now been removed from the site. It is no longer suitable for CPD purposes as it contains information that is out of date or incorrect. For a list of our latest CPDcasts, please visit the library.

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