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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 11842
Experience:  I have been practising for 30 years.
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Is Zurich, acting on behalf of Swindon Borough Council,

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Is Zurich, acting on behalf of Swindon Borough Council, correct in stating that "a Highway Authority has a statutory defence, under s.58 Highways Act 1980, if it can demonstrate that it was not at fault in respect of a defect that demonstrate this by showing that it operates a reasonable system of inspection, maintenance and repair." ? The Insurers providing a document indicating an inspection carried out on 30 November 2016 as evidence did not record a pothole some 21"x8"x2.25"deep which caused a pedestrian injury on 12 January 2017 and the submission of a claim against the Authority.
Should a claim be pursued through the small claims court?

Hello - what is your claim for please?

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Customer: replied 1 year ago.
I did not receive any advice to my first request, hence my new inquiry.
Customer: replied 1 year ago.
What is your advice please?