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Discovery ordered of documents concerning road works in claim by injured cyclist

By: Mark Tottenham BL

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High Court grants an order for discovery in a personal injuries case where a cyclist had fallen from his bicycle due to a defect in the road surface, documents to relate to the design, construction, repair, maintenance and upkeep of an identified section of road for a period of five years prior to the accident, on the grounds that such documents were directly relevant to the question of whether the defect arose from misfeasance or nonfeasance on the part of the local authority.

Personal injuries - application for discovery - cyclist thrown off bicycle after striking defect in road surface - fractured elbow - memory deficit - eyesight deterioration - failure to properly repair surface - whether nonfeasance or misfeasance - affidavit of discovery sworn - failure to identify category agreed - small number of documents provided - lack of engagement by solicitors for defendant - seeking records relating to design, construction, repair, maintenance and upkeep of relevant section of road for a period of 8 years pre-accident.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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