Comber v (1) Virgin Media Limited & (2) St Helens MBC (2018)
Highways Act 1980/Common Law Negligence
The claim was brought against both the First & Second Defendant in common law negligence arising out alleged injuries sustained when she fell into an open electricity grid.
Following the trial the District Judge was asked to consider an application made by Mr Glover (on behalf of St Helens MBC) to have the claim against Second Defendant struck out given no right to compensation arose at common law (Goodes v Essex CC  3 All ER 603 applied).
The application was successful and the claim against the Second Defendant was struck out. The judge struck out the claim pursuant to CPR 44.15 which disapproved QOCS and costs were summarily assessed in favour of the Second Defendant.