Willis v Cross & Ors [2004] EWCA Civ 1197 (01 September 2004)

Willis v Cross & Ors [2004] EWCA Civ 1197 (01 September 2004)

The defendants were not liable in negligence or for breach of statutory duty because the skip was similar to those routinely seen in residential streets, the pipe was placed and removed by unknown third parties, and the statutory regulations did not apply to the claimant as a member of the public.

Citation
[2004] EWCA Civ 1197
Parties
Appellant/claimant: Graham Alan Willis; Respondent/defendant: Kenneth James Cross; Respondent/defendant: William Gerrard Farrell; Respondent/defendant: Geoffrey Hugh Logan; Respondent/defendant: Peter James Hubbard
Jurisdiction
England and Wales
Judgment Date
01 September 2004
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Negligence, Occupiers' Liability, Construction Regulations, Breach of Statutory Duty
Tort Personal Injury Statutory Duty Negligence Occupiers' Liability Construction Regulations Breach of Statutory Duty

Case Brief

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Parties

Graham Alan Willis

Appellant/claimant

Kenneth James Cross

Respondent/defendant

William Gerrard Farrell

Respondent/defendant

Geoffrey Hugh Logan

Respondent/defendant

Peter James Hubbard

Respondent/defendant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the defendants were liable in negligence for injuries caused by a pipe left on steps over which there was a public right of way
  2. 2 Whether the defendants breached statutory duties under the Construction (Design and Management) Regulations 1994 and the Construction (Health, Safety and Welfare) Regulations 1996

Ratio Decidendi

The defendants were not liable in negligence or for breach of statutory duty because the skip was similar to those routinely seen in residential streets, the pipe was placed and removed by unknown third parties, and the statutory regulations did not apply to the claimant as a member of the public.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal is refused