Highway Claims – Defeating the s.58 Defence


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Highway Claims – Defeating the s.58 Defence is a Level 2: Experienced Practitioner webinar

When running claims against highway authorities, for either pedestrians or drivers, establishing a breach of the s.41 duty will not be enough to succeed. Practitioners must have a detailed knowledge of the provisions of s.58 Highways Act 1980. This webinar will get you up to speed on the latest application of the factors set out in s.58.

After watching our Webinar you will have learnt:

  • The issues relevant when assessing liability prospects in Highway Claims
  • The key features of the 58 Defence which may be effective for Highway authorities in defending claims
  • The significance of the character of the highway when the merits of the defence are assessed
  • The significance of the inspection regime when assessing the merits of the 58 defence
  • The relevance of the Codes of Practice when assessing the merits of the 58 defence
  • The relevance of the actions of Statutory Undertakers and contractors when assessing liability

We will be discussing: 

  • The 58 Defence
    • Character of the highway
    • Classification of the highway
    • Relevant part of the highway
    • Inspection Regime – Analysis
    • Codes of Practice
    • Delegation of the Duty
  • Disclosable Documents
  • Evidence

Book this Webinar if you want to be able to:

  • Assess the prospects of success in pursuing claims against Highway authorities
  • Advise and make effective risk assessment of the likely success of the 58 defence in particular cases
  • Accurately advise on the relevance of the character of the highway and its impact on the likely success of the 58 defence
  • Identify defects in the inspection regime of the Highway authority when advising on liability
  • Advise on the relevance of breaches of the Code of Practice when assessing the merits of the 58 defence
  • Advise on the merits of joining other defendants to cases against Highway authorities


This webinar is now available as a recording and you can access it whenever you wish. The recording link can be accessed for a whole year after the initial presentation. Our delegates will also receive the power point presentation slides used by our trainer during the webinar presentation.

Your Trainer:

Highway Claims – Defeating the s.58 DefenceNicky Carter is a self-employed Solicitor and Legal Trainer and has been delivering training for us since 2010.



Prices for MASS Members are £75 for a single view and £150 for a group view

Prices for Non Members are £95 for a single view and £190 for a group view

Book online via our website by choosing an option above or fill in our booking form and return it to

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