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You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> Walsh v The Council of the Borough of Kirklees [2019] EWHC 492 (QB) (05 March 2019) URL: http://www.bailii.org/ew/cases/EWHC/QB/2019/492.html Cite as: [2019] EWHC 492 (QB) |
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QUEEN'S BENCH DIVISION
LEEDS DISTRICT REGISTRY
ON APPEAL FROM HIS HONOUR JUDGE DAVEY QC
SITTING AT THE BRADFORD COUNTY COURT
1 Oxford Row, Leeds LS1 3BG |
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B e f o r e :
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Miranda ![]() | Claimant and Appellant |
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- and - |
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The ![]() ![]() ![]() ![]() ![]() | Defendant and Respondent |
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Andrew Howe (instructed by Weightmans LLP) for the Defendant and Respondent
Hearing date: 27 February 2019
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VERSION
OF JUDGMENT APPROVED
Crown Copyright ©
Mr Justice Dingemans:
Introduction
Issues
The evidence about the pothole and the findings made by the judge
Relevant legal principles for showing a breach of duty under section 40 of the 1980 Act
Legal principles to be applied by appellate courts when reviewing findings of fact
Judge entitled to dismiss claim
Conclusion