Pocock v Highland Council

Negligence – Duty of care – Roads authority. Court of Session: In an action in which the pursuer, who had tripped on uneven paving slabs in a street in Inverness and injured his knee, sued the Highland Council as the roads authority responsible for the street, seeking damages on the basis of a breach of their common law duty of care owed to pedestrians, the court rejected contentions that the Lord Ordinary had failed to resolve a conflict in the evidence about the height differential between the paving slabs and had erred by failing to find that the irregularity was 28mm: it held that he did not give undue weight to the evidence of roads authorities' practices and codes and had been entitled to conclude that there had not been a breach of the defenders' common law duty of reasonable care.

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