Christopher Sharp KC and Matthew White represented TR. TR was driving his Land Rover on the C25 in Devon. He overtook a slow-moving car and as he was doing so his offside wheels dropped into a long defect/rut or series of potholes at the edge of the carriageway. TR attempted to steer left out of the defect, but lost control of the vehicle, swerving across the road and colliding with trees on his nearside. One of his passengers (AC) was rendered tetraplegic and suffered traumatic amputation of an arm. Another passenger suffered brain injuries and multiple skeletal injuries. TR settled the passengers’ claims for £4,250,000 in lump sums with periodical payments of £275,000 (index linked) for life to AC. Devon County Council v TR [2013] EWCA Civ 418
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TR claimed an indemnity/ contribution from the highway authority on the basis that he would not have lost control of his vehicle but for the defect.
After a 5 day trial on liability, Slade J held that the defect which caused the accident was dangerous, that the highway authority could not make out its statutory defence (having inspected less frequently than Code of Practice recommendations without proper justification), and that TR was not contributorily negligent in the accident. The Court of Appeal upheld the decision of Slade J in respect of dangerousness. They also upheld the decision that the highway authority could not make out its statutory defence (albeit giving some solace to highway authorities as they did so). They substituted a finding of 50% contributory negligence.
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