Stovin v Wise [1996]

Facts:

  • Local authority was aware that a bank of land was obstructing the view at a junction where three accidents had occurred in the previous 12 years
  • Authority had discussed the matter with the landowners and agreed to carry out the required work
  • No action had been taken and the plaintiff was seriously injured in an accident
  • Plaintiff claimed damages from the driver and local authority

 Issue:

  • Whether a local authority could be found to owe a common law duty of care if it had not complied with a public law obligation?


 Ratio:

  • Highways Act 1980, s 79 did allow a local authority the power to remove obstructions.
  • However, the statutory power did not give rise to a common law duty of care and N had not acted unreasonably in failing to proceed under that power.
  • Even if the work ought to have been carried out, it could not be found that a public law duty gave rise to an obligation to compensate those suffering loss due to its non-performance.

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