The defendant sought leave to appeal against a finding of laibility after the claimant was injured tripping over a paving stone left by the defendant demolishing a property. Orange bunting strung between posts had been left around the site overnight, but had been removed by vandals.
Held: Leave was granted, but the court encouraged the defendant to settle the matter. Smith v Littlewood had not been wrongly applied. ‘the defendant left property for which he is responsible in a situation in which vandals which he knows or should know would be likely to use that property in a way that will create a danger. ‘
Citations:
[2005] EWCA Civ 444
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Smith v Littlewoods Organisation Limited (Chief Constable, Fife Constabulary, third party); Maloco v Littlewoods Organisation Ltd HL 1987
The defendant acquired a semi derelict cinema with a view to later development of the site. A fire started by others spread to the pursuer’s adjoining property.
Held: The defendants were not liable in negligence. The intervention of a third . .
Lists of cited by and citing cases may be incomplete.
Personal Injury
Updated: 30 June 2022; Ref: scu.224780