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
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 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
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
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
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
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