PROVING THINGS 183: WHERE DOES THE BURDEN OF PROOF LIE IN A HIGHWAY MAINTENANCE CASE?

In Smithson v Lynn & Anor [2020] EWHC 2517 (QB) HHJ Gosnell (sitting as a High Court Judge) found a highway authority partially responsible for  an accident in failing to maintain the roads.  The are interesting issues relating to the burden of proof of establishing a "reasonable practicability"...

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