Facts
- A motorcyclist was injured when hit by a car pulling out of a junction when the motorcyclist’s view was obstructed by a bank of earth
Issue
- Could the local council be partly responsible for the incident by not removing a known hazard
Decision
- No liability of the local council
Reasoning
- No reliance was induced upon the claimant by the local authority, therefore no liability
- Public authorities can only be sued if there is:
- An irrational non-exercise of power when there is a public duty to act
- Exception grounds for holding that compensation is payable
