Darvell v Newitt [2001] EWCA Civ 958 (6 June 2001)

Darvell v Newitt [2001] EWCA Civ 958 (6 June 2001)

The trial judge's finding that the absence of stickers on the glass window constituted a breach of the duty of care was a factual determination based on the evidence, including the foreseeability of harm to unfamiliar visitors and children. The appellate court will not substitute its own view of the facts for that of the trial judge without clear error.

Citation
[2001] EWCA Civ 958
Parties
Claimant/respondent: Katie Michelle Darvell; Defendant/appellant: Michael Newitt
Jurisdiction
England and Wales
Judgment Date
06 June 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Negligence, Occupiers' Liability, Duty of Care, Personal Injury
Tort Personal Injury Negligence Occupiers' Liability Duty of Care

Case Brief

Summary, issues, holding and outcome

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Parties

Katie Michelle Darvell

Claimant/respondent

Michael Newitt

Defendant/appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the absence of stickers on a glass window amounted to negligence by the occupier
  2. 2 Whether the trial judge erred in finding a breach of duty of care

Ratio Decidendi

The trial judge's finding that the absence of stickers on the glass window constituted a breach of the duty of care was a factual determination based on the evidence, including the foreseeability of harm to unfamiliar visitors and children. The appellate court will not substitute its own view of the facts for that of the trial judge without clear error.

Court Disposition

Permission to appeal refused

Orders

  • No order for costs