Barlow v Wigan Council

Highway – Maintenance. Section 36(2)(a) of the Highways Act 1980 applied to a public path, as it was not confined to where the highway had been constructed as such at the outset, it did not have to be constructed by a highway authority acting in that capacity and there was nothing in the respondent local authority's retrospectivity point. Accordingly, the Queen's Bench Division, in allowing the appellant's appeal, held that there had been a failure to maintain and the appellant had to succeed on liability.

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