Local Authority
Find out more about DWF's Local Authority litigation team.
Failure to establish fundamental dishonesty shows pitfalls to be avoided
The decision by HHJ Hampton in the Leicester County Court in Spencer Smith v Ashwell Maintenance Limited on 23 January 2019 just over a year after the LOCOG v Sinfield (2018) decision has raised more…
Read more
Claimant limited to portal costs following unreasonable exit from portal
DWF has successfully restricted a claimant to fixed portal costs following a premature decision to remove the claim from the MoJ portal. Sukhjit Dhadwal, who represented the defendant Local Authority…
Read more
Japanese knotweed: actionable claim in private nuisance
In 2018, the Court of Appeal upheld the County Court decision in Network Rail Infrastructure Ltd v Williamsand another, that Network Rail had caused an actionable private nuisance by failing to take…
Read more
Housing disrepair claims on the rise
There has been an unprecedented surge in the number of housing claims where it is alleged the property is in disrepair, resulting in extensive financial exposure to private landlords, local…
Read more
Highways: the power of data in s.41 disputes
Caroline Sanders acted for Surrey County Council in Surrey County Council v Hillard on their successful appeal against a district judge's decision that it was in breach of s.41 Highways Act 1980,…
Read more
Court of Appeal finds vicarious liability for violence of managing director during aftermath of company's Christmas party
Earlier this month the Court of Appeal handed down judgment in Bellman v Northampton Recruitment Ltd (2018). Samantha Chambers and Paul Donnelly consider the implications of the judgment which…
Read more
Vicarious liability and independent contractors
Vicarious liability has regularly been under the spotlight recently. Sheryl Bignell and Paul Donnelly look at the Court of Appeal's decision which clarifies that following repeated extensions to the…
Read more
No extension of duty for control of roadside vegetation
Gabriel Fay reviews this sensible and useful decision for highway authorities and other landowners. In Sumner v Colborne, Denbighshire County Council and The Welsh Ministers, the Court of Appeal…
Read more
School sport: local authority not liable for primary school pupil injured while taking part in sprint race
In A v London Borough of Southwark, the judge found that taking part in a school sprint race was a desirable activity and whilst the claimant's collision with another pupil was unfortunate and not the…
Read more
Occupiers' liability: pothole trip - is the defect dangerous?
For liability to attach to a defendant authority in tripping cases, the defect does need to be objectively considered to be dangerous. It is not sufficient for a claimant to point to the fact that…
Read more