Application for extension of time to appeal against judgment finding liability to the claimant. Judges: Thorpe, Keene LJJ Citations:  EWCA Civ 1837 Links: Bailii Statutes: Occupiers Liability Act 1957 2 Jurisdiction: England and Wales Personal Injury Updated: 27 June 2022; Ref: scu.218541
Citations:  EWCA Civ 437,  2 All ER (Comm) 900 Links: Bailii Statutes: Occupiers Liability Act 1957 Jurisdiction: England and Wales Personal Injury, Land Updated: 23 June 2022; Ref: scu.218074
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
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
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
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
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
Judges: Dan Squires QC sitting as a Deputy High Court Judge Citations:  EWHC 3167 (QB) Links: Bailii Statutes: Occupiers Liability Act 1957 Jurisdiction: England and Wales Personal Injury Updated: 30 May 2022; Ref: scu.656444
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
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
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:
A members’ club was liable in negligence to own members for personal injury. Citations: Times 02-Jun-1994 Statutes:
The claimant was walking home from the pub. He fell down an embankment by a road bridge taking a short cut, and was injured. Held: The claim failed. He was not a licensee of the defendant when he walked over the embankment. Questions arising under the 1957 and 1984 Acts had to be answered by … Continue reading Maloney v Torfaen District Council: CA 6 Dec 2005
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
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
Citations:  EWCA Civ 2142 Links: Bailii Statutes:
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
Arde, Lewison, McCombe LJJ  EWCA Civ 1005 Bailii
Lord Dyson MR, McFarlane, Beatson LJJ  EWCA Civ 448 Bailii Occupiers Liability Act 1957 England and Wales Personal Injury Updated: 15 January 2022; Ref: scu.563428
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
The claimant tenant appealed against rejection of her claim for damages under the 1972 Act. Jay J  EWHC 320 (QB) Bailii Defective Premises Act 1972 4,
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
 EWCA Civ 642,  ICR 1177 Bailii Occupiers Liability Act 1957 2 England and Wales Personal Injury, Land Updated: 30 November 2021; Ref: scu.282649
The plaintiff attended a jalopy car race and was injured. It was a condition of his entry that he agreed that motor racing was dangerous and that he would not hold the organisers or others responsible if injured. He was injured when a safety rope, snagged by a car, caught and then threw him some … Continue reading White v Blackmore: CA 15 Jun 1972
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
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
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
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
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
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
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
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
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
Claimant injured during Bear Grylls Survival Race . .
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 . .
Appeal against dismissal of claim for personal injury. The claimant had been a child hurt in an accident in the playground at a school for which the respondent was responsible. . .
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 . .
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 . .
Appeal from case management decision refusing adjournment – successful. . .
The Council appealed against a finding of liability under the 1957 Act after the claimant was injured after jumping over a fence to flee hving to pay a taxi, and falling down a steep slope onto a car park. The land had been licenced to the . .
The claimant appealed after losing her claim for damages for personal injuries after tripping on a footpath maintained by the defendant. . .
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 . .
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 . .
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 . .
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 . .
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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 . .
The claimant, a boy was injured when playing around a boat abandoned on land owned by the defendant. He had propped it up to attempt a repair, and was crushed when it fell on him. He said that in not removing the boat they had been negligent. Held: It has long been established that children … Continue reading Jolley v Sutton London Borough Council: QBD 1998
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
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
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
The Appellant’s husband, fell while going down the back stairs of a public house called ‘The Golfer’s Arm’ at Great Yarmouth. He was found lying on the floor of the vestibule at the bottom of the stairs and died later. She appealed against rejection . .
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 . .
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 . .