Tripping and slipping cases form a large part of the typical personal injury lawyer’s practice. Not all cases are straightforward; many involve complex questions of law.
The APIL Guide to Tripping and Slipping Cases
is a one-stop text. It covers all the legal disciplines that can come into play in a tripping or slipping case – Local Government, Landlord and Tenant, Occupier’s Liability, Highways, Health and Safety at Work, and so on. It gives detailed guidance on the applicable law, procedure and practice. It has a big library of precedents, from checklists and letters through to Statements of Case. Most of the relevant guidelines are included as appendices, and the facts and principles of the key cases (often contained in inaccessible law reports) are distilled into case summaries.
This new edition has been revised to includes the following developments:
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- Substantial changes at common law in respect of the way in which the tort of nuisance can be deployed in Highway cases (with particular reference to the Court of Appeal decisions of Valentine v Transport for London and another  EWCA Civ 1358 and Ali v Bradford MDC  1 W.L.R. 161).
- An update of recent case-law pertaining to the application of the s.58 statutory defence (particularly in respect of the allocation of resources, and the effect of non-compliance with the Code of Practice), arising out of the authorities of Wilkinson v City of York Council  EWCA Civ 207, and AC v Devon CC  EWCA Civ 418.
- Consideration of the circumstances in which a Ward v Tesco defence still applies in light of Butcher v Southend-on-Sea BC  EWCA Civ 1556.
- An update to the Workplace Accidents section, in view of the introduction of the Enterprise and Regulatory Reform Act 2013.
In some ways, not much has happened in the world of tripping and slipping since the publication of the first edition of this book (in APIL form) back in 2010.
But what has happened has had significant consequences for personal injury practitioners – both those acting for claimants and those acting for defendants. Any highway action founded in the tort of nuisance is now all but dead. The scope of the section 58 Defence has been defined further in the cases of Wilkinson v City of York and AC v Devon County Council. The National Code of Practice (Well Maintained Highways) briefly reared its head as a potential benchmark against which to judge highways authorities, but quickly went off the radar.
Highways claims are often complex and nuanced. There is still scope for many technical arguments about statutory interpretation, and there are still significant uncertainties about other central issues. Where that is the case, we have indicated so in the main body of this text.
Despite these areas of grey, we hope that we have provided a one-stop, practical guide that helps practitioners to know what the law is, how it is interpreted in practice, the sorts of submissions that will appeal to the court, and those which will be met with judicial ridicule.
As before, the library of precedents contains plenty of advice on case and trial preparation. It includes checklists, letters and statements of case.
Various versions of this book have been published since 1994. In the earliest edition, one of us (CF) wrote that the book’s main objective was to help hard-pressed practitioners knock off earlier than they otherwise would. It still is.
The law in the book is, we hope, up to date to September 2015.
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