Walsh v Kirklees Borough Council

Local authority – Statutory duty. In a personal injury claim arising from the claimant's bicycle hitting a pothole on a road maintained by the defendant council, the district judge had been right to find that there had not been enough reliable evidence of the dimensions or conditions of the pothole to say that it was more likely than not that it had presented a real source of danger. Accordingly, the Queen's Bench Division dismissed the claimant's appeal against the decision that the council had not breached its statutory duty pursuant to s 41 of the Highways Act 1980.

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