Overview

This bill amends the Highways Act 1980, making it harder for highway authorities (like councils) to defend themselves in court against claims for damages caused by poorly maintained roads. It aims to increase accountability for road maintenance.

Description

The bill modifies Section 58 of the Highways Act 1980, which deals with defences available to highway authorities in cases of road damage claims. Key changes include:

• Raising the standard of care: The bill replaces the current "reasonable care" standard with a requirement to take "all possible steps" to maintain roads. This significantly raises the bar for successful defences.
• Introducing specific factors for court consideration: Courts must now specifically consider whether a full road survey had been conducted within the previous six months, the last repair date, and the last surface dressing date, when assessing a highway authority's defence.
• Evidence disclosure requirement: Highway authorities must provide all relevant evidence to claimants within 28 days of a claim being received.

Government Spending

The bill's impact on government spending is not directly specified. However, by increasing the likelihood of successful claims against highway authorities, it could lead to increased payouts for damages, potentially increasing government expenditure on compensation. The exact financial implications are difficult to predict.

Groups Affected

The bill primarily affects:

• Highway authorities (councils): They will face a higher burden of proof in defending claims and potentially increased financial liability.
• Road users (claimants): They may find it easier to successfully sue highway authorities for damages caused by poor road conditions.
• Taxpayers: Increased payouts for damages could indirectly lead to increased taxes to cover these costs.

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