Legitimus Solicitors

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Mongan v London Borough of Brent (2010)

The Claim was dismissed at trial and the Claimant ordered to pay the Defendant’s costs.

The Claimant alleged that he tripped and fell over a paving slab on the footpath which was protruding by 20mm - 25mm above the surrounding area. The Claimant’s own photographs (taken a week after the accident) showed the defect to be below an inch.

The claim was defended on the basis that the alleged defect did not present a danger and the section 58 defence was raised.

It was held that the alleged defect did not present a reasonably foreseeable danger to pedestrians and the claim was therefore dismissed.

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