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A seminar guiding practitioners who are making claims against Highway Authorities.
Topics covered include:
- A Potted History of the Legal Framework:
- Common Law and Statutory Duty to Maintain;
- Statutory Defence to a claim for failure to maintain;
- Definitions:
- Highway;
- Highway maintainable at public expense;
- Highway Authority.
- What does the Duty to Maintain amount to?
- What a Claimant has to Prove under s41 of the Highways Act 1980:
- Dangerous;
- Cause of Accident.
- Statutory Defence:
- Defence to Claim based on Failure to Maintain;
- Regular, adequate inspections;
- Suitable Frequency;
- Delivering Best Value in Highway Maintainance - Code of Practice for Maintainance Management;
- Inspection note defects;
- Defects repaired swiftly;
- Complaints Book;
- Contractors.
- Contibutory Negligence;
- Ice and Snow;
- Potential Areas of Difficulty:
- Improvements;
- Drains, manhole covers etc.
- Extent of Obligation on Owner;
- Are local authorites concurrently liable?
- Streetworks;
- Cellars etc.
- Other articles, objects and substances
- Drainage;
- Lighting.
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