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HIGHWAYS

February 18th, 2026 by James Goudie KC

By Section 41 of the HIGHWAYS ACT 1980, a highway authority is generally under a duty to maintain a highway maintainable at public expense.  Section 58 however provides a special defence in an action against a highway authority for damages for non-repair of a public highway that the authority had taken such care “ in all the circumstances “ as was “ reasonably required “ to “ secure “ that the part of the highway to which the action relates was “ not dangerous for traffic “. In SAMMUT v KENT COUNTY COUNCIL (2026 ) 2 WLUK 254 Coppel J holds that the authority’s RESOURCES are an IRRELEVANT MATTER.

This entry was posted on Wednesday, February 18th, 2026 at 9:23 am and is filed under Environment, Highways and Leisure. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.

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