22 January 2016
Rollinson v Dudley Metropolitan Borough Council [2015] EWHC 3330 (QB), [2015] All ER (D) 72 (Dec)
The Queen’s Bench Division allowed the local authority’s appeal against a decision that it was liable to the respondent for breach of its duty under s 41 of the Highways Act 1980 for failing to remove moss on which the respondent had slipped from the surface of the highway. It could not be said that the scope of a highway authority’s absolute duty under s 41 of the Act extended to the removal of “moss”.
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