Yetkin v London Borough of Newham, [2010] EWCA Civ 776, 13 July 2010
Location: Case TypesPersonal Injury    
Posted by: Law Brief Publishing 08/09/2010 20:52
The Court of Appeal held that the House of Lords in Gorringe v. Calderdale MBC [2004] 1 WLR 1057 did not lay down any new limitations on the duty of care owed by highway authorities in respect of the negligent exercise of its statutory powers. The Court of Appeal held that a highway authority had a duty to all road users, whether such road users were prudent or negligent, to use reasonable care in the exercise of its statutory powers and when it erected and maintained a pedestrian crossing. Whilst the planting of shrubs in a central reservation was prima facie a reasonable exercise of the authority’s powers, where such shrubs grew to a height which restricted a pedestrian’s view of the road, a failure or decision not to trim the shrubs constituted a negligent exercise of those powers.
Court: Court Of Appeal (Civil Division) (England and Wales)
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