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Article summary

PI & Clinical Negligence analysis: This was an appeal against a county court decision arising out of a fall into a ditch, where protective barriers had not been robust enough to prevent the fall. The claim was dismissed at first instance. The claimant/appellant appealed on the basis that inter alia, the judge incorrectly interpreted and construed the Code of Practice, published by the Secretary of State and thereunder entitled Safety at Street Works and Road Works (‘the Code’), and failed to give due weight to the fact that the Code was statutory guidance which set or informed the applicable standard of care. There was also an appeal in relation to whether these works constituted an obstruction. The court found that the Code had substantially been complied with, that such compliance was prima facie evidence of reasonableness, that deviations from the Code did not of themselves amount to negligence, and that these works were not...