Lucy Wyles provides an update on foreseeability & trial by ambush
One December morning Mr Fernquest took a park and ride bus to the centre of Swansea. He alighted at a principal bus stop and walked a few paces before slipping on ice on the pavement. The council succeeded in its defence, as the relevant highway authority under the Highways Act 1980, that it had adopted a proper scheme to ensure that important highways were gritted before less important highways. It also successfully defended the allegation that the park and ride service ought to have been stopped because of the icy conditions. The judge concluded that it was not negligent to operate the service in the prevailing conditions, because it was possible for pedestrians with care to avoid slipping (Fernquest v City and Council of Swansea [2011] EWCA Civ 1712, [2012] All ER (D) 82 (Feb)).
However, at first instance, Fernquest did succeed in his case that the council ought to have warned him before he got onto the bus that there was ice on the pavement at the bus stop. The bus driver
