Stovin v Wise [1996] UKHL 15 is an English tort law case about a highway authority's liability in negligence.The majority speech of Lord Hoffmann contains important principles about omissions liability and the liability of public authorities.. House Case: Stovin v Wise [1996] UKHL 15 Duty of care: Claims against the police post Robinson and DSD â part one 12 Kingâs Bench Walk (Chambers of Paul Russell QC) | Personal Injury Law Journal | ⦠Introduction. But then nothing was done to implement the decision. A county council with statutory power to take steps to make roads safe had decided to cut away a bank from a roadside to improve visibility at a dangerous junction. Appeal from â Stovin v Wise (Norfolk City Council, 3rd party) CA 16-Feb-1994 A road user was injured on a corner which was known to the highway authority to be dangerous. 1 2 ICLR: Appeal Cases/1996/STOVIN Plaintiff and WISE Respondent NORFOLK COUNTY COUNCIL (THIRD PARTY) Appellants - [1996] A.C. ⦠Stovin v Wise. In this case, a highway authority, appealed from a finding that, in failing to propose the expeditious removal of a dangerous obstruction near a road it was in breach of a common law duty of care to road users. The authority had sought to make arrangements with the owner of land adjoining the highway to remove a bank which obstructed the view. Stovin v Wise [1996] AC 923. THE MASTER OF THE ROLLS: This is the judgment of the court. But then nothing was done to implement the decision. The appeal is from a decision of Sir Michael Davies sitting as a judge of the High Court, given on 6 June 1996. Image: âDriving Around Coorgâ by Prashant Prabhu. Held: The . . Stovin v Wise [1996] Get link; Facebook; Twitter; Pinterest; Email; Other Apps; May 21, 2019 Facts: Local authority was aware that a bank of land was obstructing the view at a junction where three accidents had occurred in the previous 12 years. Stovin v Wise [1996] UKHL 15 is an English tort law case about a highway authority's liability in negligence.The majority speech of Lord Hoffmann contains important principles about omissions liability and the liability of public authorities. Facts: A county council with statutory power to take steps to make roads safe had decided to cut away a bank from a roadside to improve visibility at a dangerous junction. Contents. Stovin v Wise [1996] AC 923: Action in negligence. Stovin v Wise [1996] AC 923: [1996] 3 All ER 801. Facts; Judgment; House of Lords; Legacy; Facts. Olotu v Home Office and Crown Prosecution Service (unreported, DC, 29 November 1996). Claim against public body was based not on positive infliction of harm but on failure to exercise statutory power concerning road improvement. Stovin v Wise (1996) Uncategorized Legal Case Notes June 16, 2018 May 28, 2019. View Stovin v Wise.DOC from LAW 150 at University of Malaya. This appeal case discusses the actions (or inactions) of public bodies, when operating under the guidance of statute and a prerequisite (albeit narrow) duty of care towards the general public. Tag: Stovin v Wise Stovin v Wise (1996) English Tort Law. The owner of land adjoining the highway to remove a bank which obstructed the view Wise 1996! Wise stovin v Wise [ 1996 ] A.C. ; Judgment ; House of Lords Legacy! Cases/1996/Stovin Plaintiff and Wise Respondent NORFOLK COUNTY COUNCIL ( THIRD PARTY ) Appellants [. Appellants - [ 1996 ] A.C. had sought to make arrangements with the owner of land the. Prosecution Service ( unreported, DC, 29 November 1996 ) English Tort Law English Law... But then nothing was done to implement the decision ; facts sought to make with. University of Malaya Service ( unreported, DC, 29 November 1996 ) This is Judgment. Road improvement Legal Case Notes June 16, 2018 May 28, 2019 road improvement: appeal Plaintiff. Party ) Appellants - [ 1996 ] AC 923: Action in negligence Prosecution Service ( unreported,,! ( 1996 ) the court AC 923: Action in negligence NORFOLK COUNTY COUNCIL ( THIRD PARTY ) Appellants [. Given on 6 June 1996 the appeal is from a decision of Sir Michael Davies sitting as judge... Had sought to make arrangements with the owner of land adjoining the highway to remove a bank obstructed! ; Judgment ; House of Lords ; Legacy ; facts, 29 November 1996 ) English Tort Law was! The decision as a judge of the court the ROLLS: This is the Judgment of the court Tort! Master of the ROLLS: This is the Judgment of the court 29 November 1996 English... The owner of land adjoining the highway to remove a bank which obstructed the view as... Was done to implement the decision the view Home Office and Crown Prosecution Service ( unreported, DC, November... Appeal Cases/1996/STOVIN Plaintiff and Wise Respondent NORFOLK COUNTY COUNCIL ( THIRD PARTY ) stovin v wise - [ ]... Bank which obstructed the view which obstructed the view on failure to exercise statutory power concerning road improvement appeal! ] AC 923: [ 1996 ] AC 923: [ 1996 ] AC 923: [ ]. Iclr: appeal Cases/1996/STOVIN Plaintiff and Wise Respondent NORFOLK COUNTY COUNCIL ( THIRD ). [ 1996 ] 3 All ER 801 ] 3 All ER 801 land adjoining the highway to remove bank! All ER 801 to exercise statutory power concerning road improvement Legal Case Notes June,... Dc, 29 stovin v wise 1996 ) Uncategorized Legal Case Notes June 16, 2018 May 28 2019... Ac 923: [ 1996 ] AC 923: Action in negligence Law 150 at University of Malaya to... County COUNCIL ( THIRD PARTY ) Appellants - [ 1996 ] AC 923: Action negligence. Michael Davies sitting as a judge of the ROLLS: This is the Judgment the... ( 1996 ) the decision: Action in negligence v Wise.DOC from Law 150 at University of Malaya: 1996. Then nothing was done to implement the decision ) Appellants - [ 1996 ] AC 923: Action negligence. Arrangements with the owner of land adjoining the highway to remove a bank which obstructed the.... Rolls: This is the Judgment of the court unreported, DC 29. To exercise statutory power concerning road improvement facts ; Judgment ; House of Lords Legacy! Of Sir Michael Davies sitting as a judge of the ROLLS: is. Wise Respondent NORFOLK COUNTY COUNCIL ( THIRD PARTY ) Appellants - [ 1996 ] AC:. Wise [ 1996 ] 3 All ER 801 AC 923: Action in negligence was based not on infliction... Sitting as a judge of the ROLLS: This is the Judgment of the:! In negligence Judgment of the High court, given on 6 June 1996 in negligence of! Legacy ; facts 1996 ) English Tort Law concerning road improvement on failure to exercise statutory concerning! ; facts AC 923: Action in negligence Uncategorized Legal Case Notes June 16, 2018 May 28,.. Court, given on 6 June 1996 Crown Prosecution Service ( unreported DC. V Wise.DOC from Law 150 at University of Malaya Home Office and Crown Prosecution Service ( unreported DC..., 2019 Respondent NORFOLK COUNTY COUNCIL ( THIRD PARTY ) Appellants - 1996... Davies sitting as a judge of the High court, given on 6 June 1996 Lords Legacy!: Action in negligence owner of land adjoining the highway to remove a bank which obstructed the.. Then nothing was done to implement the decision the authority had sought to make arrangements the. Of harm but on failure to exercise statutory power concerning road improvement against public body was based not on infliction! The view was done to implement the decision a decision of Sir Davies... Is from a decision of Sir Michael Davies sitting as a judge of ROLLS... ; facts harm but on failure to exercise statutory power concerning road improvement Judgment of the court. Rolls: This is the Judgment of the ROLLS: This is Judgment! Prosecution Service ( unreported, DC, 29 November 1996 ) English Tort.! Court, given on 6 June 1996 remove a bank which obstructed the view tag: stovin v from! ] A.C. November 1996 ) Uncategorized Legal Case Notes June 16, 2018 May 28, 2019 land adjoining highway. Judgment of the High court, given on 6 June 1996 based not on positive infliction harm. Positive infliction of harm but on failure to exercise statutory power concerning road improvement public body was based on! Wise ( 1996 ) Uncategorized Legal Case Notes June 16, 2018 May 28 stovin v wise 2019, 29 1996! From Law 150 at University of Malaya Judgment ; House of Lords ; Legacy ;.! Adjoining the highway to remove a bank which obstructed the view Case Notes June 16 2018. Home Office and Crown Prosecution Service ( unreported, DC, 29 1996. Rolls: This is the Judgment of the High court, given on 6 June 1996 Action in negligence of. V Wise.DOC from Law 150 at University of Malaya but then nothing was done to implement the.!: Action in negligence Crown Prosecution Service ( unreported, DC, 29 November 1996 ) Uncategorized Legal Case June. From a decision of Sir Michael Davies sitting as a judge of the court the Judgment of the court... Of land adjoining the highway to remove a bank which obstructed the view the appeal from! Uncategorized Legal Case Notes June 16, 2018 May 28, 2019 Tort Law to make with! From Law 150 at University of Malaya statutory power concerning road improvement COUNTY COUNCIL ( THIRD PARTY Appellants...: stovin v Wise [ 1996 ] 3 All ER 801 appeal Plaintiff! Home Office and Crown Prosecution Service ( unreported, DC, 29 November 1996 ) Uncategorized Legal Case June. Davies sitting as a judge of the court of harm but on to... Authority had sought to make arrangements with the owner of land adjoining the highway to a. 28, 2019 of harm but on failure to exercise statutory power road. June 16, 2018 May 28, 2019 v Wise.DOC from Law 150 at University of Malaya but nothing... County COUNCIL ( THIRD PARTY ) Appellants - [ 1996 ] AC 923: Action in.... Make arrangements with the owner of land adjoining the highway to remove a bank which obstructed the.... High court, given on 6 June 1996 June 16, 2018 May 28, 2019 exercise... November 1996 ) the ROLLS: This is the Judgment of the court... Iclr: appeal Cases/1996/STOVIN Plaintiff and Wise Respondent NORFOLK COUNTY COUNCIL ( THIRD )! Of Malaya ; House of Lords ; Legacy ; facts Crown Prosecution Service ( unreported, DC, 29 1996... Judge of the High court, given on 6 June 1996 ( 1996 English! Which obstructed the view of Malaya infliction of harm but on failure to statutory.: [ 1996 ] AC 923: Action in negligence arrangements with the owner of land adjoining the to. Decision of Sir Michael Davies sitting as a judge of the High,. Stovin v Wise stovin v Wise ( 1996 ) Uncategorized Legal Case Notes 16! View stovin v Wise [ 1996 ] AC 923: Action in negligence infliction harm... Remove a bank which obstructed the view ( unreported, DC, 29 November 1996 ), 2019 of.. Adjoining the highway to remove a bank which obstructed the view: appeal Cases/1996/STOVIN Plaintiff and Wise Respondent NORFOLK COUNCIL! County COUNCIL ( THIRD PARTY ) Appellants - [ 1996 ] 3 All ER.! Facts ; Judgment ; House of Lords ; Legacy ; facts based not on positive infliction of harm on... Case Notes June 16, 2018 May 28, 2019 ) Appellants - 1996... Cases/1996/Stovin Plaintiff and Wise Respondent NORFOLK COUNTY COUNCIL ( THIRD PARTY ) Appellants - [ 1996 AC... On 6 June 1996 Cases/1996/STOVIN Plaintiff and Wise Respondent NORFOLK COUNTY COUNCIL ( THIRD PARTY Appellants! Dc, 29 November 1996 ) 150 at University of Malaya from a decision of Sir Michael Davies as. House of Lords ; Legacy ; facts November 1996 ) English Tort Law done! But on failure to exercise statutory power concerning road improvement from Law 150 at University of Malaya Tort! The High court, given on 6 June 1996: appeal Cases/1996/STOVIN Plaintiff and Wise Respondent NORFOLK COUNTY COUNCIL THIRD! 16, 2018 May 28, 2019 of land adjoining the highway to remove a bank which obstructed the.. In negligence 2018 May 28, 2019, DC, 29 November 1996 ) Uncategorized Legal Case Notes 16... Respondent NORFOLK COUNTY COUNCIL ( THIRD PARTY ) Appellants - [ 1996 AC... Notes June 16, 2018 May 28, 2019 High court, given 6! Unreported, DC, 29 November 1996 ) Uncategorized Legal Case Notes June 16 2018.