Lagan v Department of the Environment
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1978 |
| Date | 01 January 1978 |
| Court | Assizes (Northern Ireland) |
Duty to maintain highway - Ice on road - Civil action by owner of car damaged after skid - Whether duty to maintain other than duty of repair - Whether breach of duty - Roads (Liability of Road Authorities for Neglect) Act, (Northern Ireland), 1966, (c.11), s. 1.
The plaintiff's car was damaged after skidding on some ice on the road. In an action against the defendant it was claimed that the defendant's duty to maintain roads included a duty to sand or grit roads affected by ice. Held that the defendant's duty does not extend beyond the repair of roads. The duty is not affected by s. 3 of the Roads (Liability of Road Authorities for Neglect) Act (Northern Ireland), 1966, as the term "maintain" was there used as a synonym for repair. As it is admitted that the structure and surface of the road were in good repair there was no liability on the defendant. Dublin...
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McKernan v McGeown and Department of Environment
...of the Highway Authority under the 1980 Order is no different from that under the 1966 Act, Lagan v. Department of the EnvironmentDNI[1978] N.I. 120 considered, (ii) where a discretionary power was conferred on a public authority by a public general statute such as the 1966 Act or 1980 Orde......
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Neill v Department of the Environment for Northern Ireland
...had to prove some defect in the road surface and that the road was in such a condition as to be dangerous for traffic. Laganv. DOEDNI [1978] N.I. 120 and McKernan v. McGeownDNI [1983] N.I. 167 applied. 2. The Department was not in breach of article 3 (1) of the Water and Sewerage Services (......