Matthew Harpin examines the meaning of a s 58 defence under the Highways Act 1980
The Court of Appeal’s decision in Wilkinson v City of York Council [2011] EWCA Civ 207, [2011] All ER (D) 162 (Jan) sent a collective shudder through highway authorities up and down the country given the climate of budget cuts and austerity measures that were being implemented.
Wilkinson
In Wilkinson, Lord Justice Toulson considered the meaning of the council’s defence to a highway liability claim under s 58 of the Highways Act 1980 (HA 1980). This provided a defence where the highway authority could demonstrate that it had done that which was “reasonably required to secure that the part of the highway to which the action relates was not dangerous for traffic”.
Toulson LJ held that an objective judgment based on risk was required when considering whether a highway authority had the benefit of a s 58 defence. He also held that the matters highlighted in s 58(2) are all objective going to the condition of the highway and what the highway authority may reasonably have been expected
