Written by Michael Coyle on 08 March 2014« Return to Reading Room
Its worth looking at http://www.ukroadsliaisongroup.org/roads/code_of_practice.htm - here you will see the current code of practice and the "Well Maintained Highways" guidelines councils need to adhere to- if not then you have a claim- if they have- forget it!
Last year payouts by local authorities to road users in 2012 ranged from £8m in north-west England to just £0.1m in the East Midlands- according to WHICH?
You have a claim if a pothole has been reported. Section 58 of the Highways Act 1980 provides councils with a statutory defence if they can show that reasonable care was taken to ‘secure that the part of the highway to which the action relates was not dangerous to traffic’.
This means....."you were told about it but did nothing. I'm going to sue"
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