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16.02.2017

Potholes in the news

I'm not sure if you've seen the details from the recent Crawley vs Barnsley Metropolitan Borough court case yet, but it is certainly something to have a quick read up on and make sure your Highways colleagues are aware of.

The actual judgement can be found here:

http://www.bailii.org/ew/cases/EWCA/Civ/2017/36.html

The Daily Telegraph splash on Council having to "fix potholes immediately" is here:

http://www.telegraph.co.uk/news/2017/02/02/councils-should-forced-fix-potholes-immediately-court-appeal/

And the very useful Transport Network article on the subject:

http://www.transport-network.co.uk/Legal-analysis-Do-councils-have-to-fix-potholes-immediately-Not-quite/13809

The key part of that article states:

"The decision is a reminder to local authorities that they need to have a reasonable system in place for responding to reports made out of hours of defects which represent an immediate or imminent hazard.

In practical terms local authorities will need to review their system for assessing and responding to out of hours reports of dangerous defects."

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