Harvey v Plymouth City Council (Rev 1)

Harvey v Plymouth City Council (Rev 1)

The claimant was not a 'visitor' under the Occupiers’ Liability Act 1957 at the time of the accident because the implied licence for recreational use did not extend to the reckless activity he was engaged in; therefore, the Council owed no duty under the Act for that activity.

Parties
Claimant/respondent: Jonathan Harvey; Defendant/appellant: Plymouth City Council
Jurisdiction
England and Wales
Judgment Date
29 July 2010
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Liability
Outcome
Appeal allowed; judgment on liability set aside.
Legal Topics
Implied Licence, Scope of Duty of Care, Contributory Negligence
Tort Law Occupiers' Liability Implied Licence Scope of Duty of Care Contributory Negligence

Case Brief

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Parties

Jonathan Harvey

Claimant/respondent

Plymouth City Council

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Liability

Legal Issues

  1. 1 Whether the claimant was a 'visitor' under the Occupiers’ Liability Act 1957 at the time of the accident
  2. 2 Whether the Council owed a duty of care to the claimant for the activity leading to the accident
  3. 3 Whether the Council was in breach of its duty under the Act

Ratio Decidendi

The claimant was not a 'visitor' under the Occupiers’ Liability Act 1957 at the time of the accident because the implied licence for recreational use did not extend to the reckless activity he was engaged in; therefore, the Council owed no duty under the Act for that activity.

Court Disposition

Appeal allowed; judgment on liability set aside.

Orders

  • The appeal is allowed.
  • The judge’s order on liability is set aside.