header-logo header-logo

No slip-ups allowed

16 March 2012 / Lucy Wyles
Issue: 7505 / Categories: Features , Damages , Personal injury
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

back-to-top-scroll