Local Authority Briefing – June 2020

Acting in cases involving local authorities is a cornerstone of the work done by the Personal Injury group at 1 Chancery Lane. Members of Chambers have appeared in many of the leading cases over recent decades in all areas from education and social services claims to cases involving highways and local authorities’ obligations as landlord. Cases in these areas involve technical points of law that are unfortunately overlooked by parties more often than they should be.

In this briefing we explore some of the key areas of local authority liability that can pose interesting and difficult legal questions.

Roddy Abbott analyses the recent Court of Appeal decision of Barlow v Wigan MBC [2020] EWCA Civ 696, which addresses the difficult questions of rights of way and when is a highway not a highway maintainable at public expense, taking a tour of the important cases of Gulliksen and McGeown. Understanding this decision is essential for anyone dealing with claims of this sort.

Lisa Dobie’s article covers issues to consider when defending cases brought under the Occupiers Liability Act 1957.

Our newest Member of Chambers Thomas Yarrow explains the legal issues that arise in cases for personal injury brought by tenants against landlords and why parties can fall into the trap of pleading them on the wrong basis or missing good legal defences.

Francesca O’Neill discusses a novel issue arising out of snow and ice on the highway.

Read the Briefing in full here.