Search Results for: Occupiers Liability Act 1957

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Acts

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Hall v Holker Estate Co Ltd: CA 17 Dec 2008

The claimant was injured playing football with his son while playing football at a caravan park owned by the defendant. He appealed dismissal of his claim. They had been using goal posts which collapsed on him injuring his face. It had not been anchored as required by the manufacturer. Held: The appeal was allowed. The … Continue reading Hall v Holker Estate Co Ltd: CA 17 Dec 2008

Cotton v Derbyshire Dales District Council: CA 10 Jun 1994

The claimant had been injured falling on land owned by the defendant. The had gone down what he must have known was not a path and fallen over a cliff. He appealed dismissal of his claim. Held: Any notice would only have warned of the obvious difficulty and danger. The land owners were not in … Continue reading Cotton v Derbyshire Dales District Council: CA 10 Jun 1994

Ferguson v Welsh: HL 29 Oct 1987

The plaintiff sought damages for personal injury. A council had engaged a competent contractor to carry out demolition works. Unknown to the council, the contractor sub-contracted the works to two brothers who worked in a highly dangerous manner. One of the brothers employed the plaintiff, Mr Ferguson, to help them, and Mr Ferguson was injured … Continue reading Ferguson v Welsh: HL 29 Oct 1987

Beaton v Devon County Council: CA 31 Oct 2002

The respondent provided a cycle way. As it passed through a tunnel, there were drainage gullies at the side. The claimant stepped off her cycle, and hurt her foot in the gully. The tunnel was well lit, and no previous complaints had been made. The authority appealed a finding of negligence. Held: The finding that … Continue reading Beaton v Devon County Council: CA 31 Oct 2002

Majrowski v Guy’s and St Thomas’ NHS Trust: CA 16 Mar 2005

The claimant had sought damages against his employer, saying that they had failed in their duty to him under the 1997 Act in failing to prevent harassment by a manager. He appealed a strike out of his claim. Held: The appeal succeeded. The issue is whether an employer may be vicariously liable under section 3 … Continue reading Majrowski v Guy’s and St Thomas’ NHS Trust: CA 16 Mar 2005

Evans v Kosmar Villa Holidays Plc: CA 23 Oct 2007

The claimant sought damages from the tour operator after he suffered a head injury resulting in incomplete tetraplegia after diving into a shallow swimming pool in the early hours of the morning in a resort in Greece while on a tour run by the defendant. Held: The defendants’ duty of care did not extend to … Continue reading Evans v Kosmar Villa Holidays Plc: CA 23 Oct 2007

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

McGeown v Northern Ireland Housing Executive: HL 24 Jun 1994

The plaintiff lived with her husband in a house in a housing estate of which he was a tenant. Part of the land of the estate, in the ownership of the defendant housing authority, was crossed by footpaths, over which the public had acquired the right of way. The plaintiff was walking on one of … Continue reading McGeown v Northern Ireland Housing Executive: HL 24 Jun 1994

Roles v Nathan: CA 15 May 1963

Two chimney sweeps were overcome by fumes, and died in the basement of the Manchester Assembly Rooms. Whilst occupied working in flues (against advice), a boiler had been lit. Held: (Majority – Pearson LJ dissenting) The land-owner’s appeal succeeded.Lord Denning MR said: ‘the warnings which were given to the sweeps were enough to enable them … Continue reading Roles v Nathan: CA 15 May 1963

Regina v London Borough of Sutton, ex parte Jolley: CA 19 Jun 1998

The plaintiff, a boy, was injured when playing on a derelict boat left on council land. The council appealed an award of damages against it. Held: A local authority may be liable for injury caused by a derelict boat not removed from their land which attracted children, but not for an injury arising from unforeseeable … Continue reading Regina v London Borough of Sutton, ex parte Jolley: CA 19 Jun 1998

Bottomley v Todmorden Cricket Club: CA 7 Nov 2003

The claimant was very badly injured at a bonfire organised by the defendants. He had been asked to help with a part of the display, organised by sub-contractors, which exploded as he was filling it. Held: The nature of the activity to be carried out, the discharge of pyrotechnics as part of a dramatic entertainment, … Continue reading Bottomley v Todmorden Cricket Club: CA 7 Nov 2003

Laverton v Kiapasha (T/A Takeaway Supreme): CA 19 Nov 2002

Slipping on wet floor of takeaway – claimant had too much to drink – wearing high heels. Held: ‘There is a distinction between particular dangers such as greasy spillages, which it is reasonable to expect a shopkeeper to deal with straightaway, and the general problem posed by walked in water on a wet night, which … Continue reading Laverton v Kiapasha (T/A Takeaway Supreme): CA 19 Nov 2002

Crancour Ltd v Da Silvaesa and Another: CA 26 Feb 1986

The plaintiff sought possession of two rooms in a house occupied by the defendants separately. The agreements stated that they were licences. The agreements excluded the occupiers between 10:30am and noon on each day. The occupiers claimed to be tenants with protection. Held: The tenants’ appeal against summary orders for posession were successful, and the … Continue reading Crancour Ltd v Da Silvaesa and Another: CA 26 Feb 1986

Tedstone v Bourne Leisure Ltd (T/A Thoresby Hall Hotel and Spa): CA 7 May 2008

A leisure centre appealed a finding of liability under the 1957 Act after a customer slipped on water by a jacuzzi and injured herself, saying that the judge imposed too high a duty of care. Held: The appeal succeeded. ‘If the claimant can prove facts which support the inference that the defendant was at fault, … Continue reading Tedstone v Bourne Leisure Ltd (T/A Thoresby Hall Hotel and Spa): CA 7 May 2008

Carisbrooke Shipping Cv5 v Bird Port Ltd: AdCt 13 Sep 2005

Action for damages by the Claimant, the owner of the motor vessel CHARLOTTE C, against the Defendant, the owner and operator of Bird Port which is in Newport. The claim is brought under the Occupiers’ Liability Act 1957 and in negligence. It is said that whilst berthed at Bird Port between 8 and 12 May … Continue reading Carisbrooke Shipping Cv5 v Bird Port Ltd: AdCt 13 Sep 2005

Cinderella Rockerfellas Ltd v Rudd (Valuation Officer): CA 11 Apr 2003

The taxpayer appealed against a rating assessment on a barge permanently moored at a riverbank. He claimed that as a chattel, it should not be rated. Held: The vessel was a chattel, but its occupation could be an occupation of the riverbed. The licences were stated to be non-exclusive, but the law of rating looks … Continue reading Cinderella Rockerfellas Ltd v Rudd (Valuation Officer): CA 11 Apr 2003

Gwilliam v West Hertfordshire Hospitals NHS Trust and Others: CA 24 Jul 2002

The claimant sought damages. She had been injured after the negligent erection of a stand which was known to be potentially hazardous. The contractor was uninsured, and the claimant sought damages from the Hospital which had arranged the fair in its grounds to raise funds. Held: The hospital was liable under the Act. A splat … Continue reading Gwilliam v West Hertfordshire Hospitals NHS Trust and Others: CA 24 Jul 2002

Fairchild v Glenhaven Funeral Services Ltd and Others, Dyson and Another v Leeds City Counci: CA 11 Dec 2001

Where a claimant suffered mesothelioma, contracted whilst working with asbestos, but the disease may have been contracted from inhalation at different times, and with different employers, his claim must fail since it was not possible to identify which employer was in fact responsible so as to allow the court to apportion liability. The disease arose … Continue reading Fairchild v Glenhaven Funeral Services Ltd and Others, Dyson and Another v Leeds City Counci: CA 11 Dec 2001

Peskett v Portsmouth City Council: CA 25 Jun 2002

The defendant had land across which a path ran. It had a right angled turn, and users cutting across wore away the land causing a dip, where the claimant tripped and fell. She claimed damages. The council accepted that the short cut was regularly taken, but said there had been no previous incidents or complaints, … Continue reading Peskett v Portsmouth City Council: CA 25 Jun 2002

Lewis v Six Continents Plc: CA 2006

The claimant was injured after falling from a sash window in the defendant’s hotel. He appeal against refusal of his claim. Held: The appeal failed. The claimant’s argument, if followed to its conclusion, would result in every window having to be adapted to prevent someone falling from it. Judges: Ward LJ Citations: Times 20-Jan-2006 Statutes:

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

Graysim Holdings Ltd v P and O Property Holdings Ltd: HL 24 Nov 1995

A market hall had been let to a tenant under a lease. The tenant fitted out the entire hall with stalls and entered into agreements with the stallholders, by which they paid the tenant a rent and service charge for services provided by the tenant. The head landlord served a notice to terminate the lease … Continue reading Graysim Holdings Ltd v P and O Property Holdings Ltd: HL 24 Nov 1995

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

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