Scope of a contractor’s duty of care when managing works affecting the public highway (Brown v Morgan Sindall Construction and Infrastructure Ltd)
PI & Clinical Negligence analysis: The High Court held Morgan Sindall liable in negligence after a cyclist, Mr Brown, sustained serious injuries when his bicycle struck the base of a missing bollard installed as part of temporary traffic management works outside a construction site. The court found that the exposed, non-reflective base of a ‘Kingpin’ bollard, left in situ after the reflective wand had been removed, constituted an unmarked hazard and an unjustified nuisance on the highway, posing a foreseeable danger to vulnerable road users. The defendant’s failure to undertake an adequate risk assessment, install the bollards in accordance with manufacturer’s instructions, or maintain the system once aware of repeated vandalism rendered the arrangement unsafe. The judgment underscores that principal contractors remain legally responsible for temporary traffic schemes implemented by their subcontractors, even where local authorities or Transport for London (TfL) are consulted. The court rejected arguments that collaboration with TfL or Hackney Council amounted to approval or diluted the defendant’s duty of care: ultimate responsibility for highway safety lay squarely with the contractor. Written by Fiaz Siddique, barrister and accredited mediator, Park Square Barristers Chambers.