Cyclist’s injury claim against local authority dismissed due to non-feasance rule

The Court of Appeal has overturned a High Court decision and dismissed a cyclist's injury claim against a local authority. The plaintiff suffered a serious injury after cycling over a defective cattle grid on a public road, which had been transferred to the local authority from a predecessor entity. The High Court had found the local authority liable, but the Court of Appeal determined that the local authority did not create the hazard and was therefore not liable under the long-standing non-feasance rule, which exempts a highway authority from liability for failing to maintain a public road. The Court of Appeal's judgment emphasised that the local authority did not worsen the condition of the cattle grid but merely failed to improve it, aligning with the principle that the public must accept the highway "warts and all."