QB-2022-002451 - [2025] EWHC 2204 (KB)

I determined the factual issues in dispute on the balance of probabilities, having heard detailed evidence from the witnesses and considered carefully the documents before the Court.

The Defendant was the main contractor on a project for LBHC, known as the Britannia Project. That project involved the substantial development of a site bordering Shoreditch Park and Pitfield Street, London. It involved the construction of a leisure centre, secondary school, and new homes.

As part of that development, the Defendant was required to install a new district heating system. This involved it carrying out work on the highway in Pitfield Street which, prior to the work starting was a two-way vehicle road and was part of an arterial cycle route which runs from Liverpool Street to Stoke Newington. That route is one of London’s Cycle Superhighways. On 29^th April 2019, and on the Defendant’s behalf, Mr Sam Martin-Roberts, applied for a Temporary Traffic Regulation Order (“TTRO”), the purpose of which was to close Pitfield St. to vehicular traffic (save for construction vehicles). However, both Hackney Borough Council and TFL requested that Pitfield Street remain open to both pedestrians and cyclists during the development.

The application, dated 29^th April (albeit the date of the top of the document states “amended 17 October 2018), stated as follows:

“Pitfield Street is currently a 2-way vehicle road. It will be changed to a 2 way cycle land (1.5m each) with a pit lane formed for construction vehicles. Only construction vehicles will be able to enter and exit Pitfield Street (See attached drawings) Parking bays removed.”

[The drawings were not attached to the application in the bundle at [929]].

The notes and conditions attached to the application stated as follows:

“1.

These works are carried out entirely at the applicants risk. Hackney council has no liability for the works of the maintenance of the works bracket entire now or in the future] and has no liability for damage caused to private property by the works.

…

9.

A method of statement specifying how Traffic Safety will be safeguarded in accordance with health and safety legislation and must be attached. You need to demonstrate that a risk assessment has been undertaken.

…

10.

Be responsible for the provisioning and maintenance of all the necessary signing associated with your works. Or signing must conform to the safety at St. works and road works code of practice October 2013.

11.

Safe access, around the works or to adjacent properties must be maintained.

12.

The applicant must comply with any reasonable instructions given by any authorized officer of the council, in particular with regard to health and safety.”

The TTRO was granted on 27^th May 2019. Within the bundle there was also a copy of a Street works License dated 20th of June 2018 granted to the Defendant. That document was signed by Sam Breaks, Site Manager for the Defendant. Conditions are set out on that license which was for a “District Heating Trench Excavation including a temporary traffic management involving road closure with two way cycle lanes being maintained”. The conditions provided as follows:

“1.

It works are carried out entirely at the applicants risk, and have been specified by the applicant. The London Borough of Hackney has no liability for the works all the maintenance of the works (either now or in the future) and has no liability for damage caused to private property by the works.

…

3.

The works will be signed, guarded and lit to the standards detailed in chapter 8 of the traffic signs manual. …

4.

Safe access must be provided for pedestrians. Pedestrians must not be diverted across any carriageway.”

Public notices were issued, notifying road users that driving would be prohibited along Pitfield Street from its junction with Hyde Road to its junction with Hemsworth Street. Leaflets were posted through letter boxes (an example being at [940]) to inform residents about the proposed measures along Pitfield Street. Information was also provided about how the Cycle Super Highway would be kept open. See for example [939] and the images of the altered road layout. In those images, (of the area where the accident occurred) a bollard is shown to demarcate the two lanes of the cycle path. No road barriers adjacent to the hoarding was visible in that image (as, in fact there was on the day of the accident). The Traffic Management Plan in the bundle (dated August 2018) [1067] contained a slightly different version of the same image, this time without a bollard or the same demarcation of the two cycle lanes, although, again, no road barriers were adjacent to the hoarding. The document stated,

“We will not impede on the Cycle Super Highway and will implement any required measures to ensure the Cycle Sper Highway is maintained.”

All construction vehicles entering and exiting the site were managed by a dedicated Traffic Marshal team provided through O’Neill & Brennan, a specialist logistics contractor.

By July 2019 King Pin cylinders were installed along Pitfield Street to demarcate the two lanes in the two way cycle lane.