“…The DDJ distinguished the case of Lafferty v Newark and Sherwood District Council [2016] EWHC 320 (QB) on its facts. Applying the balance of probability test the DDJ held that the respondent was in breach of its duty of care pursuant to section 4 of the DPA 1972…”
“…been unduly demanding of time or resources and would have revealed the dangerous condition. On the other hand, in Lafferty v Newark & Sherwood District Council [2016] EWHC 320 (QB), there were no external signs or warnings of the potential hazard caused by the fracture of an underground pipe and no reasonable inspection could have discove…”