Wednesday 18 July 2012 11.45am
Section 58 of the Highway Act 1980 provides the main defence for councils:
Highways Act 1980 wrote:
that it is not liable for the consequences of a matter if it can prove that 'such care as in all the circumstances was reasonably required to secure that part of the highway, to which the action relates was not dangerous for traffic'
Which broadly means the councils cannot be held liable for accidents caused by poor maintenance if they didn't know about a fault and/or could not be reasonably expected to know. They are obliged to regularly inspect pavements and carriageways and the heavier the usage the more often they'd be expected to do so.
My understanding of the various Traffic Orders and other regulations in place around the Olympic Road Network and in London in 2012 in general, only non-emergency work is banned.
Therefore it would be for the council to judge whether a reported fault is likely to cause an accident and therefore whether or not emergency work is justified.
It would be for a court to decide, if you for example damaged your car or your person, if the council's decision not to carry out works was reasonable.