A father's fight for compensation moved one step closer this week, five years after his disabled daughter fractured her arm in an agonising fall.

If successful the case could open the floodgates for further claims relating to injuries sustained after Maidstone Borough Council’s regeneration of the town centre.

Julia Knight, who has severe learning difficulties and autism, misjudged the step down from the kerb into the road at a bus stop in King Street, which had been recently redesigned as part of a £2m project.

The layout was changed shortly afterwards. That was in 2012, but after years of legal work, her father’s attempt to sue Maidstone Borough Council made it to court on Wednesday.

At the County Court, Maidstone Borough Council’s solicitors DAC Beachcroft Claims Ltd had called for the judge to throw out the case because there was “no real prospect” of the claim succeeding.

Solicitor Aliyah Akram pointed to an incident nearby, where a resident fell over in the High Street on the kerb near NatWest bank, in which legal action was not successful.

But Miss Knight’s father, David Woolfries, argued that case was completely different – being in a taxi lay-by with a much lower kerb.

The 77-year-old, who lives with his daughter, 50, and wife Edna, 76, in Union Street, also explained yellow lines were painted by the bus stop kerb shortly after Miss Knight was injured.

The granite paving was also subsequently replaced with a different material.

After the fall, Miss Knight was taken to hospital where it was discovered she had fractured her arm.

It was in plaster for three months, meaning she wasn’t able the bathe herself or cut up food.

Mr Woolfries said there had also been a psychological impact, adding: “She won’t walk anywhere near the point where she fell. It is even hard to get her out of the house.”

District judge Susan Sullivan dismissed the council’s application to dispose of the case, and the full hearing is expected to take place later this year.