Higgs v W H Foster trading as Avalon Coaches: CA 1 Jul 2004

The claimant, a police officer entered the defendants premises at night in order to take up position to observe a suspect. He fell into an open inspection pit, and appealed dismissal of his claim under the Occupiers Liability Acts.
Held: The situation had to be looked at in the light of the particular circumstances. There might be a general possibility of trespass, but there was no reason to anticipate such an intrusion at this precise location within the yard. Appeal dismissed.

Judges:

Kay, Lord Justice Kay Lord Justice Latham

Citations:

[2004] EWCA Civ 843

Links:

Bailii

Statutes:

Occupiers Liability Act 1984 1(3)(b)

Jurisdiction:

England and Wales

Citing:

CitedDonoghue v Folkestone Properties Limited CA 27-Feb-2003
The claimant had decided to go for a midnight swim, but was injured diving and hitting a submerged bed. The landowner appealed a finding that it was 25% liable. The claimant asserted that the defendant knew that swimmers were common.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 31 October 2022; Ref: scu.198472