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 themselves.
Held: New evidence showed that the defendant was aware of the risks and had taken steps to deal with it. They arguably assumed a duty of care. Leave granted.


Henry LJ


Times 22-Mar-2002, [2001] EWCA Civ 911




Occupiers’ Liability Act 1984 1(3)


England and Wales


AppliedScott v Associated British Ports and Railways Board 1999
. .
CitedJebson v Ministry of Defence CA 28-Jun-2000
The claimant was a guardsman travelling in the rear of a service lorry. He fell from the tailgate suffering severe injury. He was drunk after a social trip.
Held: Though a person could normally expect to be responsible himself for incidents . .

Cited by:

Leave givenTomlinson 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 . .
Lists of cited by and citing cases may be incomplete.

Land, Personal Injury

Updated: 31 May 2022; Ref: scu.147581