Glaister & Ors v Appelby-In-Westmorland Town Council [2009] EWCA Civ 1325 (09 December 2009)

Glaister & Ors v Appelby-In-Westmorland Town Council [2009] EWCA Civ 1325 (09 December 2009)

The Town Council did not owe a duty of care to the claimants to ensure the placement of public liability insurance for negligent acts or omissions by participants in the Appleby Horse Fair, nor to ensure the safe segregation and supervision of horses. The relationship between the Town Council and visitors to the Fair was not sufficiently proximate to give rise to such a duty, and the claim for pure economic loss did not fall within any established category. Even if a duty to procure insurance existed, its breach did not cause recoverable loss, as there was no evidence that any responsible party would have been unable to satisfy a judgment.

Citation
[2009] EWCA Civ 1325
Parties
Claimant/respondent: Geoffrey Glaister; Claimant/respondent: Geraldine Glaister; Claimant/respondent: Natalie Glaister; Defendant/appellant: Appleby-in-Westmorland Town Council
Jurisdiction
England and Wales
Judgment Date
09 December 2009
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From County Court
Outcome
Appeal allowed; claim dismissed
Legal Topics
Duty of Care, Pure Economic Loss, Public Liability Insurance, Personal Injury, Liability for Acts of Third Parties
Tort Law Negligence Duty of Care Pure Economic Loss Public Liability Insurance Personal Injury Liability for Acts of Third Parties

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Parties

Geoffrey Glaister

Claimant/respondent

Geraldine Glaister

Claimant/respondent

Natalie Glaister

Claimant/respondent

Appleby-in-Westmorland Town Council

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether the Town Council owed a duty of care to ensure public liability insurance was in place for negligent acts or omissions by participants in the Appleby Horse Fair
  2. 2 Whether the absence of such insurance caused recoverable loss to the claimants
  3. 3 Whether the Town Council owed a duty to ensure safe segregation and supervision of horses

Ratio Decidendi

The Town Council did not owe a duty of care to the claimants to ensure the placement of public liability insurance for negligent acts or omissions by participants in the Appleby Horse Fair, nor to ensure the safe segregation and supervision of horses. The relationship between the Town Council and visitors to the Fair was not sufficiently proximate to give rise to such a duty, and the claim for pure economic loss did not fall within any established category. Even if a duty to procure insurance existed, its breach did not cause recoverable loss, as there was no evidence that any responsible party would have been unable to satisfy a judgment.

Court Disposition

Appeal allowed; claim dismissed

Orders

  • Judgment for the claimants set aside
  • Claim against the Town Council dismissed