Statutory Powers CASES

October 4, 2025

National Case Law Archive

Law books on a desk

Stovin v Wise [1996] UKHL 15

A motorcyclist was injured at a dangerous junction. He sued the council for failing to exercise its statutory power to remove an obstruction. The House of Lords held the council was not liable for this omission, establishing that a statutory power does not create a common law duty of care. Facts The plaintiff, Mr Stovin, was seriously injured when his motorcycle collided with a car driven by the defendant, Mrs Wise, at a T-junction. Visibility at the junction was dangerously restricted by a bank of earth on land owned by British Rail. The highway authority, Norfolk County Council, was aware

September 24, 2025

National Case Law Archive

Lady justice with law books

Gorringe v Calderdale Metropolitan Borough Council [2004] UKHL 15 (1 April 2004)

A driver injured in an accident claimed the council was negligent for failing to paint a 'Slow' warning sign on the road. The House of Lords held that the council's statutory power to place signs did not create a private law duty of care. Facts The claimant, Mrs Catherine Gorringe, suffered serious head injuries in a road traffic accident on 26 March 1996. She was driving her car on a country road and, upon reaching the crest of a hill, she braked sharply after seeing a bus, which was partially obscured. She skidded into the path of the bus and

September 22, 2025

National Case Law Archive

Law books on a desk

East Suffolk Rivers Catchment Board v Kent [1940] UKHL 3 (09 December 1940)

A public board took an excessively long time to repair a flood-damaged sea wall under its statutory powers. The claimant's land remained flooded for longer than necessary. The House of Lords held the board was not liable as it had not created the danger, only failed to efficiently remedy it. Facts Following exceptionally high tides and a strong gale in December 1936, a sea wall in Suffolk was breached, causing the respondents’ pasture land to be flooded with salt water. The appellant, a catchment board established under the Land Drainage Act 1930, had statutory powers to maintain and improve sea

September 22, 2025

National Case Law Archive

Lady justice next to law books

Crawford v Jenkins [2014] EWCA Civ 1035 (24 July 2014)

A parish council made unlawful overtime and termination payments to its clerk. A fellow councillor brought an action against those who authorised them. The Court of Appeal held the payments were unlawful but that the councillors had not engaged in willful misconduct. Facts The case concerned payments made by Avening Parish Council (APC) to its clerk and Responsible Financial Officer (RFO), Mrs Jenkins. In 2011, certain councillors, including the respondents Mr Jenkins and Mr Parsons, authorised two payments to her. The first was a payment of £7,750 for approximately 1000 hours of overtime she claimed to have worked. Her contract