PI Brief Update

Public Nuisance and Other Miscellaneous Provisions: How They Can Assist With Highways Cases - Andrew Mckie, Clerksroom

06/07/14. The following chapter is predominantly designed to deal with nuisance but will also look at other miscellaneous provisions in highways cases including highways cases involving snow and ice, a common scenario in relation to highways slipping and tripping claims.

This chapter will also look at common law negligence, and how that may be used for street furniture, tripping and slipping incidents on the highway.

This chapter is designed to give the reader an all-encompassing guide to the remaining elements of slipping and tripping cases and how the law may be applied to such cases where the claimant is not assisted under the section 41 of the Highways Act or under the Occupiers’ Liability Act 1957 and how the law may be used to bring a claim in such circumstances where the claim will not sit comfortably in relation to the Occupiers Act or the Highways Act 1980 and the duty under section 41 of the Act.

Street Furniture

Section 41 of the Highways Act 1980 applies solely to the fabric of the highway. Therefore the question arises as to what cause of action is applicable in relation to street furniture or items on the highway.

The answer is to be found in the case of...

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