Principal Reform

1. The nonfeasance rule should be abolished in respect of actions for personal injury or death. (para 5.2)

Duty of Care

2. The duty of care owed by highway authorities should be left to be determined by established common law principles. (para 5.14)

Extension of the Transcover Scheme

3. Claims against highway authorities in respect of accidents arising out of the condition of the highway should be brought within the scheme introduced by the Transport Accidents Compensation Act 1987 (Transcover). (para 5.27)

4. Transcover should also apply to claims made against other public authorities responsible for the maintenance of structures forming part of or on a highway. (para 5.28)

5. Common law actions against employees of these authorities or independent contractors and their employees should be prohibited in cases where the injured party would also have a claim for benefits in respect of the same conduct under the Transcover scheme. (para 5.30)

6. Contributions to the Transcover fund by highway authorities and other authorities affected by our recommendations should be assessed on a premium basis. (para 5.32)

Actions for Property Damage

7. While the Commission believes in principle that the nonfeasance rule should also be abolished in respect of claims for property damage, to enable the financial consequences for highway authorities to be gauged, it recommends that further consideration of abolition in this area should be postponed for a period of five years following the abolition of the rule in respect of claims for personal injury and death. (para 5.38)