A TOP local solicitor has warned that those killed or injured on icy roads will have no recourse in law unless primary legislation is swiftly introduced.

Mr Neil Sugarman, managing partner of Bury-based Graham Leigh Pfeffer, has stressed a definite decision must be made on whether local authorities should be responsible for dealing with roads in freezing weather.

Three years ago, the House of Lords found that local authorities were no longer to be held responsible for any damage arising out of their failure to grit the roads or to take precautions in the event of a warning of inclement weather.

Mr Sugarman said that since that time there has been a great deal of anecdotal evidence to show that local authorities no longer regard themselves of having the same responsibility.

He said: "It is hardly surprising that the performance of local authorities during the recent cold snap left so much to be desired.

"As solicitors specialising in accident and compensation claims, we deal with very many people who have been injured on the roads and pavements.

"In those cases the local authority has a responsibility for the safe upkeep of the highway and if they fall below that standard they will be liable to compensate the injured person."

He continued: "We were recently consulted by one client who was involved in a fairly serious accident on a dual carriageway. The police told her that they had telephoned the local authority on no less than four occasions in a seven-hour period but the gritters had still failed to appear.

"In other instances, insurers working for local authorities immediately deny liability blaming the ice as being the contributory factor on the basis that they are simply not involved if it was a problem caused by cold weather."

Highlighting primary legislation to be introduced, Mr Sugarman stressed: "We have to decide as a matter of public policy whether or not local authorities should be responsible for dealing with the roads in freezing weather.

"If not, then the inevitable consequence is that many people will be injured or even killed and have no recourse. That decision needs to be taken and quickly.