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January 17, 2022

Brown v South West Lakes Trust and others [2022] EWCA Civ 18

Barristers: James Marwick, Julian Horne, and Matthew White KC

Areas of Law: Highways & Rights of Way and Personal Injury

Introduction

Three members of our Personal Injury team were all successful in the Court of Appeal in a judgment handed down on 17th January 2022 in the case of Brown v South West Lakes Trust and others [2022] EWCA Civ 18, arising from a fatal car accident in 2017. This case raised issues concerning the extent of the duty of care owed to unintentional trespassers by occupiers of land adjoining the highway, and the potential liability of the relevant highway authority for the configuration of the road. The decision of the Court of Appeal can be accessed here.

ASSOCIATED CASES