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The Court of Appeal is this week (28-29 April) hearing an appeal by the London Borough of Tower Hamlets over a ruling that it was liable for injuries sustained by the claimant after they tripped on scaffolding poles left on a public footpath at Whitechapel Market.

The council is appealing an order dated 30 July 2025, in which the court found the London borough liable in negligence and public nuisance.

The background to the case is that the claimant tripped on scaffolding poles left on the public footpath at Whitechapel Market by an unidentified market trader.

The court held that the defendant, as the street-trading licensing authority, owed a duty of care to highway users and had assumed responsibility for the market's safe operation.

Tower Hamlets was found to have breached this duty by failing to inspect and remove the obstruction.

The appeal is being heard by Lord Justice Bean, Vice President of the Court of Appeal, Civil Division, Lord Justice Stuart-Smith and Lady Justice Yip. The case is being livestreamed.

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