PI Brief Update

Josie Lawrence v. Kent County Council [2012] EWCA Civ 493 - Daniel Tobin, 12 King’s Bench Walk

28/05/12. The Claimant was an elderly lady who tripped on a raised manhole cover. The evidence at trial was that the cover was raised by between 10 and 15mm. Kent County Council ('KCC') was the relevant highway authority in respect of the section of footway upon which the Claimant suffered her accident. KCC operated a highways safety inspection regime, whereunder they defined 'actionable' footway defects as those which exceeded 20mm in depth.

In respect of defects requiring a repair, KCC's system had three levels of response time: 2 hours, 3 days and those that got actioned when an opportunity arose, which was usually a few days longer than the others. Following the report of the Claimant's accident, Mr Cunningham, KCC's surveyor, inspected the defect and concluded that although it measured less than the 20mm intervention level, it should be seen to and he issued a "make safe" order, which resulted in it being repaired. He explained at trial that the make safe order was an item of general maintenance work and that these are works which get done amongst other repairs of various defects which are not deemed dangerous. He said he did it as a matter of 'customer care' and not because it needed to be done.

The Claimant's daughter examined and photographed the defect within a few days of her mother's accident and her evidence at trial was that she thought it should be repaired.

The Claimant brought a claim against KCC, alleging that her fall was caused by its breach of Section 41 of the Highways Act 1980 ('the 1980 Act').

The trial was heard in November 2010 before HHJ Craddick at Maidstone County Court. Quantum was agreed, subject to liability, in the sum of £5,000. HHJ Craddick, having reminded himself of the test of danger in the leading case of Mills v. Barnsley MBC (1992) PIQR P291, found that...

Image ©iStockphoto.com/yuriz

Read more (PIBULJ subscribers only)...