Cole v Davies-Gilbert & Ors [2007] EWCA Civ 396 (01 March 2007)

Cole v Davies-Gilbert & Ors [2007] EWCA Civ 396 (01 March 2007)

The Royal British Legion was not proved to have breached its duty of care, as the hole was adequately filled after the 1999 fête and there was no evidence that the infill was inadequate or that the hole was exposed prior to the accident. The accident was not caused by any proven negligence of the defendants. The owner/occupier was not liable as there was no evidence of knowledge or reasonable grounds to believe the hole was dangerous or exposed.

Citation
[2007] EWCA Civ 396
Parties
Claimant/respondent (1)/appellant (2) & (3): Yvonne Carol Cole; 1st Defendant/respondent(2) Cross Appellant(2): Charles Beresford Davies-Gilbert; 2nd Defendant: CJ Davies-Gilbert; 3rd Defendant: The Gilbert Estate; 4th Defendant: East Dean & Friston Parish Council; 5th Defendant/appellant(1) Respondent(3): The Royal British Legion
Jurisdiction
England and Wales
Judgment Date
01 March 2007
Procedural Posture
Appeal (civil) / Court of Appeal Judgment
Outcome
Appeal by the Royal British Legion allowed; claimant's appeal against the first defendant dismissed.
Legal Topics
Negligence, Occupiers' Liability, Causation, Duty of Care
Tort Law Negligence Occupiers' Liability Causation Duty of Care

Case Brief

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Parties

Yvonne Carol Cole

Claimant/respondent (1)/appellant (2) & (3)

Charles Beresford Davies-Gilbert

1st Defendant/respondent(2) Cross Appellant(2)

CJ Davies-Gilbert

2nd Defendant

The Gilbert Estate

3rd Defendant

East Dean & Friston Parish Council

4th Defendant

The Royal British Legion

5th Defendant/appellant(1) Respondent(3)

Procedural Posture

Appeal (civil) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Royal British Legion breached its duty of care to the claimant by failing to adequately fill the maypole hole after the 1999 fête.
  2. 2 Whether the owner/occupier of the village green (first defendant) was liable under the Occupiers' Liability Act 1957 or common law negligence for the claimant's injury.

Ratio Decidendi

The Royal British Legion was not proved to have breached its duty of care, as the hole was adequately filled after the 1999 fête and there was no evidence that the infill was inadequate or that the hole was exposed prior to the accident. The accident was not caused by any proven negligence of the defendants. The owner/occupier was not liable as there was no evidence of knowledge or reasonable grounds to believe the hole was dangerous or exposed.

Court Disposition

Appeal by the Royal British Legion allowed; claimant's appeal against the first defendant dismissed.

Orders

  • No order for costs below in respect of the fifth defendant; appellant to pay one-third of the fifth defendant's costs of the appeal.
  • Appellant to pay the costs of the appeal in relation to the remaining defendants.