Description
Footpath Had Been Adopted by Highway Authority:The Court of Appeal held that notwithstanding that a distinctive footpath had never been constructed, the relevant paved area (upon which the Claimant had tripped) had nevertheless been adopted by the Defendant pursuant to an agreement under s.38 of the Highways Act 1980, on the basis that the paved area in fact served as one of the footpaths and covered one of the areas identified within the agreement to be adopted by the Defendant. The Defendant had therefore been in breach of its statutory duty to the Claimant and the trial judge had been wrong to reject her claim for damages for personal injuries.
