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Acts

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Manolete Partners Plc v Hastings Borough Council: TCC 12 Apr 2013

Application for compensation under s.106 of the Building Act 1984 for compensation as a result of the Council exercising its powers to prevent access to Hastings Pier under s.78 of the 1984 Act. Held: The court rejected the defence, holding that the reference to ‘default’ should be read as default in respect of obligations imposed … Continue reading Manolete Partners Plc v Hastings Borough Council: TCC 12 Apr 2013

Spearman v Royal United Bath Hospitals NHS Foundation Trust: QBD 4 Dec 2017

The Claimant suffered a hypoglycaemic attack (being Type 1 diabetic) and was taken by ambulance to the Hospital, arriving at 22.00 hours. Within 15 minutes, he had left the emergency department of the hospital, climbed five flights of stairs to a flat roof, climbed over a protective barrier and either fallen or jumped into a … Continue reading Spearman v Royal United Bath Hospitals NHS Foundation Trust: QBD 4 Dec 2017

Ireland v David Lloyd Leisure Ltd: CA 14 Jun 2013

The claimant sought damages after being injured working out in the defendant’s gym. A weights machine had chopped off the top of her finger when it came to rest. The defendant appealed against a finding that the warnings had been inadequate. Held: The appeal failed. The case had been inadequately pleaded, with certain factual elements … Continue reading Ireland v David Lloyd Leisure Ltd: CA 14 Jun 2013

Collier v Anglian Water Authority: CA 26 Mar 1983

The plaintiff was injured when she tripped over a paving stone on the sea defence wall promenade at Mablethorpe, for which the defendants were responsible. Held: The defendants were responsible for the area under the Act as occupiers, and accordingly owed the plaintiff a common law duty of care as a visitor and were liable … Continue reading Collier v Anglian Water Authority: CA 26 Mar 1983

Sutton v Syston Rugby Football Club Ltd: CA 20 Oct 2011

Rugby Field Inspection Adequate not detailed The claimant was injured training for rugby. His knee was hurt by a sharp object left behind by previous users, but almost hidden. He said that the defendants were negligent in not having inspected the pitch before training. The club appealed saying that whilst it could be expected to … Continue reading Sutton v Syston Rugby Football Club Ltd: CA 20 Oct 2011

Thornton v Shoe Lane Parking Ltd: CA 18 Dec 1970

The claimant had suffered damage at the defendant’s car park. The defendant relied upon an exemption clause printed on the ticket, and now appealed against rejection of its defence under the clause. Held: The appeal failed. The more extreme an exemption clause, the clearer is the notice required to be given before it will be … Continue reading Thornton v Shoe Lane Parking Ltd: CA 18 Dec 1970

Wheeler v Copes: QBD 1981

A labour-only subcontractor was provided with an inadequate ladder by the defendant. He was injured using it. Held: The defendant was found liable. However, Chapman J said: ‘The plaintiff puts his case to a considerable extent on the Occupiers’ Liability Act 1957, but it seems to me that there may be considerable difficulty in relation … Continue reading Wheeler v Copes: QBD 1981

Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009

Need for Certainty in Scope of Offence The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the circumstances under which someone might be prosecuted … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009

Ratcliff v McConnell and Jones: CA 30 Nov 1998

The claimant, a nineteen year old student climbed into a college property in the early hours of the morning, and then took a running dive into the shallow end of a swimming pool, suffering severe injuries. He was accompanied by friends and had been drinking, though he was not drunk. Held: A trespasser having climbed … Continue reading Ratcliff v McConnell and Jones: CA 30 Nov 1998

Jolley v Sutton London Borough Council: HL 24 May 2000

An abandoned boat had been left on its land and not removed by the council. Children tried to repair it, jacked it up, and a child was injured when it fell. It was argued for the boy, who now appealed dismissal of his claim by the Court of Appeal, that the possibility of injury to … Continue reading Jolley v Sutton London Borough Council: HL 24 May 2000

Tomlinson v Congleton Borough Council and others: HL 31 Jul 2003

The claimant dived into a lake, severely injuring himself. The council appealed liability, arguing that it owed him no duty of care under the Act since he was a trespasser. It had placed warning signs to deter swimmers. Held: The council’s appeal succeeded. The risk of injury arose, not from any danger due to the … Continue reading Tomlinson v Congleton Borough Council and others: HL 31 Jul 2003

Wilson v Haden (T/A Clyne Farm Centre): QBD 15 Feb 2013

The claimant sought damages after being injured on an adventure sports weekend hosted by the defendant. Held: The defendants had failed to follow their own safety procedures associated with this particular feature. The landing area cushioning had suffered compaction and did not meet the appropriate standards. However it had not been shown: ‘whether, on a … Continue reading Wilson v Haden (T/A Clyne Farm Centre): QBD 15 Feb 2013

Geary v JD Wetherspoon Plc: QBD 14 Jun 2011

The claimant, attempting to slide down the banisters at the defendants’ premises, fell 4 metres suffering severe injury. She claimed in negligence and occupiers’ liability. The local council had waived a requirement that the balustrade meet the minimum height. The defendant had been told that it would neither be allowed to increase its height nor … Continue reading Geary v JD Wetherspoon Plc: QBD 14 Jun 2011

Reeves (Listing Officer) v Northrop: CA 17 Apr 2013

The taxpayer had successfully challenged the entry of his houseboat in the rating list at the Valuation Tribunal, but this had been re-instated at first instance. He said that the boat, as a registered seagoing vessel was not a houseboat, and that he occupied only a tidal fore and aft mooring protected by a pit. … Continue reading Reeves (Listing Officer) v Northrop: CA 17 Apr 2013

Hunter and Others v Canary Wharf Ltd: HL 25 Apr 1997

The claimant, in a representative action complained that the works involved in the erection of the Canary Wharf tower constituted a nuisance in that the works created substantial clouds of dust and the building blocked her TV signals, so as to limit her enjoyment of her land. Held: The interference with TV reception by an … Continue reading Hunter and Others v Canary Wharf Ltd: HL 25 Apr 1997