Highway Actions: Attacking the section 58 defence

Colm Nugent contemplates the burden of proof required to establish the statutory defence ‘In support of the section 58 defence, the Highway Authority will (normally) rely upon the classification of the area of highway concerned and the frequency of the inspection in accordance with the “New Code of Practice for Highways Maintenance”.’Highway tripping cases fall …
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Cases Referenced

  • Peverill v LB Hillingdon LTL 16/9/2011
  • (