PI Brief Update

Simson v London Borough of Islington [2013] EWHC 2527 (QB) - Daniel Tobin, 12 King's Bench Walk

03/03/14. On 19th April 2009 the Claimant tripped over a defect in the carriageway of Hargrave Road, in Archway, North London. The Defendant was the highway authority for Hargrave Road, which was a residential street with residents' parking bays on both sides. There were also a number of shops nearby. The Claimant said that she fell as a result of a defect on the kerbside part of the carriageway. As a result of her fall, the Claimant suffered an injury to her right foot and ankle, which required hospital treatment.

The Claimant commenced proceedings against the Defendant, alleging that her accident was caused by the Defendant's failure to repair and maintain the highway in accordance with its statutory duty under Section 41 of the Highways Act 1980 ('the 1980 Act'). The Defendant denied breach of duty and, in the alternative, sought to rely upon its statutory defence under Section 58 of the 1980 Act; namely, that it had taken such care as in all the circumstances was reasonably required to secure that the part of the highway to which the claim related was not dangerous.

The trial was heard by Recorder Bowley, QC, at Clerkenwell and Shoreditch County Court. The first issue that he was required to determine was whether the Claimant had proven the mechanism of the accident and that the alleged defective spot was causative of her fall? The Claimant was challenged as to a number of aspects of her evidence. The Defendant relied on various inaccuracies and inconsistencies in the Claimant's evidence, submitting that this should drive the Court to concluding that the Claimant had not...

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