While case law suggests that any defect under an inch is not actionable, the Council’s disclosure came back which suggested they did not repair a defective area of the pavement mentioned in a previous inspection.
We issued proceedings against the Council on the basis that the accident happened on a busy suburban road in Liverpool and no matter what the depth of the defect, our client had a genuine accident.
We obtained in excess of £8,000.00 for our client. While the Council may say they took ‘such care as in all the circumstances was reasonably required’ (see: s.58 Highways Act 1980), it does not always mean that they actually did.
– Robert Hughes