Highways Act & Animals Act Claims

Course Code: S2714
Speaker: Nick Bevan
Specialisations: Civil Litigation,
Venue: Liverpool Law Society, 2nd Floor, The Cotton Exchange, Bixteth Street, Liverpool, L3 9LQ
CPD hours: 3 hours
Date: Monday, 10 September, 2012
Time: 13:30 - 16:45

Members Price: £100
Non Members Price: £140



Note: 20% Vat added at checkout

The duty to maintain a public highway has its origins firmly rooted in our ancient history and it was imposed on the owners of the land. Gradually statutory provisions were introduced culminating in the Highways Act 1980. However this history remains relevant to understanding the limits of the rights granted under this legislation.

·            We will begin by considering The Highways Act 1980 and in particular:

·            The statutory duty to maintain the highway under s 41

·            The statutory duty to clear ice and snow, introduced in 2003

·            The special statutory defence under s 58

We will then examine the key judicial decisions and a raft of recent cases and consider the following:

·            Does a highway authority have a separate common law duty to maintain road safety?

·            Other claims for breach of statutory duty against an authority in the exercise its statutory duties

·            Can there be liability for temporary hazards, such as flooding, or loose grit?

·            To what extent is can a highway authority be liable for failing to warn of dangers?

·            In what circumstances might a claim to the Motor Insurers Bureau be considered

·            Factors to consider when presenting a claim

·            Factors to consider when defending a claim

·            Trees

·            Other potential defendants

·            Contributory negligence

 

This is an odd area of liability that is also steeped in ancient jurisprudence. The incoherent statutory provisions and judicial decisions that are just about as unpredictable as the miscreant beasties they feature –just the material to liven up an afternoon training session!

We will consider the common law areas governing liability for animals, for example:

·            negligence

·            nuisance

·            Rylands v Fletcher

·            trespass to goods, land and the person

Then we will review the relevant sections of the Animals Act 1971 and examine:

·            When does strict liability apply and what is its significance?

·            What is a ‘dangerous species’ (homo sapiens excluded of course!)

·            What precisely is meant by a species, anyway?

·            What are the defences to a non dangerous ‘species?’

·            What / who is a keeper?

·            Responsibility for straying livestock and the remedies?

·            Liability for dogs injuring livestock and the defences

·            Livestock and highways

·            We will review all the recent case law featuring liability for animals

 

Nicholas Bevan has extensive experience of pursuing and defending personal injury claims on behalf of claimants and insurers. Nicholas is the Training and Technical Director of Enable Law Ltd. Nicholas is also a Fellow of APIL, formerly senior counsel at Bond Pearce LLP   In 2008 Nicholas received the top award for Outstanding Achievement at the Barker Brooks PI Awards.