A council that has performed some maintenance on a Crown road is not negligent in failing to carry out temporary repairs where the road requires complete reconstruction and the council has reasonably prioritised other works. An obviously uneven road surface visible in broad daylight is an obvious hazard, not a trap, and road users are expected to perceive and avoid it. A commercial entity whose premises straddle a public road does not owe a duty of care as occupier to customers crossing that road. The question whether the expectation in Ghantous that road users will take ordinary care relates to duty or breach was left open.
The full text is available to signed-in members, including the 1 later case that cites this judgment.