When is a Highway “Maintainable at Public Expense”? – Zenith PI Blog

‘The claimant brought an action against the defendant for personal injury following a tripping incident on a path in Abram Park, Wigan. At trial the judge found that the path was in a dangerous and defective state but also found that the path was not a highway “maintainable at public expense” for the purposes of section 36 of the Highways Act 1980 and as such the defendant did not owe a duty under section 41 of the Act.’

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Zenith PI Blog, 28th June 2019

Source: zenithpi.wordpress.com