Tomlinson v Congleton Borough Council and Another: CA 14 Mar 2002

The claimant was injured swimming in a lake in a park. Warning signs clearly indicated that the lake was dangerous for swimming.
Held: The authority were liable. They knew that the lake was attractive to swimmers, and that the signs were ineffective, but had not yet carried out landscaping works to deter swimmers. Under the Act they could be liable to trespassers. The court drew a distinction between approaching 1(3) as a duty owed to a claimant as a member of a class, and 1(4) which focussed on the individual claimant. What was reasonably required could not be discovered without first deciding that it was reasonable to offer protection to that person.
Lords Justices Ward, Sedley and Longmore
Gazette 23-May-2002, [2002] EWCA Civ 309
Occupiers Liability Act 1984 1
England and Wales

  • Leave given – Tomlinson v Congleton Borough Council and Cheshire County Council CA 18-Jun-2001
    The appellant sought leave to appeal against an order dismissing his claim for damages. He had been injured swimming in water on the defendant’s land. The defendant asserted that they had no duty of care to those who came onto the land and imperiled . .
    Times 22-Mar-02, [2001] EWCA Civ 911

Cited by:

  • Doubted – Donoghue 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 . .
    [2003] EWCA Civ 231, Times 10-Mar-03, Gazette 01-May-03, [2003] 2 WLR 1138, [2003] QB 1008
  • Appeal from – Tomlinson v Congleton Borough Council and others HL 31-Jul-2003
    The claimant dived into a lake, severely injuring himself. The council appealed, 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 . .
    [2003] UKHL 47, Times 01-Aug-03, Gazette 11-Sep-03, [2003] 3 WLR 705, [2004] 1 AC 46, [2003] NPC 102, [2003] 32 EGCS 68, [2003] 3 All ER 1122, [2004] PIQR P8

These lists may be incomplete.
Updated: 07 December 2020; Ref: scu.168088