Legal Update24 January 2007

John Morrell

Weightmans

Highways

Duty to maintain – s.41 Highways Act 1980 Department of the Environment Transport and the

Regions –v- Mott McDonald Ltd and others – Flooding on highway.

Statutory Defence – s.58 Highways Act 1980 Atkins v L B Ealing Common Law Negligence Shine v L B Tower Hamlets

Education Negligence

Marr v L B Lambeth Negligence Breach of Statutory Duty Liability of Education Offices [Carty v L B Croydon]

“This is in reality an action for breach of statutory duty in disguise or an action based on a general claim of inadequate teaching or even an inadequate educational system … They are not readily characterised as submissions in a negligence case. They … may in places have force were this a case before SENDIST or even an action for breach of statutory duty but rather fade in an action for negligence.”

Social Services

Limitation

Young v Catholic Care (Diocese of Leeds) and the Home Office

S.14(2) Limitation Act 1980

K R v Bryn Alyn Community holdings Ltd – substantially subjective test

S.14(3) Limitation Act 1980 Adams v Bracknell Forest BC – substantially objective test

Young - Substantially objective test Knowledge outside limitation period No exercise of discretion under S.33 Limitation Act 1980

A v Nugent

When did the claimants first have knowledge that they had suffered significant injury? That is, when should they reasonably have considered that they had suffered an injury sufficiently serious to justify their instituting proceedings for damages against a defendant who did not dispute liability and was able to satisfy a judgment?

S.14 Limitation Act 1980 – all 3 claims, knowledge outside limitation period

S.33 Limitation Act 1980 – 2 claims no exercise of discretion, 1 claim, discretion

L + B Reading Borough Council and Others

No duty owed to parent wrongly accused of abuse

[D v East Berkshire Community NHS Trust]

Adoption

B v A County Council

[A v Essex County Council]

Duty of care owed – foreseeability, proximity, fair, just and reasonable

No liability on facts

Trees

Poll v Viscount Asquith of Morley

A level (ii) inspector would have realised that a close-up inspection of this particular tree was required

Human Rights

Van Colle v Chief Constable of the Hertfordshire Police

Article 2 – Right to Life

Did the police do all that could reasonably be expected of them to avoid a real and immediate risk to life of which they had, or ought to have had, knowledge?

Employer’s Liability

Pennington v Surrey County Council

Judge – Unsuitable equipment under Regulation 4 of the Provision and Use of Work Equipment Regulations 1998

Court of Appeal – Inadequate instruction and training under Regulation 11(2)(d) of the 1998 Regulations