Observations on two different public liability cases alleging breach of statutory duty under s.41 Highways Act 1980 (Duty to maintain highways maintainable at public expense) which gave rise to different outcomes – Pump Court Chambers

‘As a matter of law, the burden of proving the injury and the circumstances of the accident, including the nature of the defect, lies on the Claimant. However, the burden of proof for the special defence under s.58 Highways Act 1980 lies on the Defendant.’

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Pump Court Chambers, 19th May 2025

Source: www.pumpcourtchambers.com