Après Lounge Limited v Nicolle Wade

Après Lounge Limited v Nicolle Wade

The Defendant's system of continuous monitoring and floor checks every 10-15 minutes was reasonable in all the circumstances and satisfied the duty of care under section 2(2) of the Occupiers' Liability Act 1957. The trial judge erred in imposing a higher standard than required by law. The Defendant was not in breach of duty, and judgment for the Claimant was set aside.

Parties
Appellant/defendant: Après Lounge Limited; Respondent/claimant: Nicolle Wade
Jurisdiction
England and Wales
Judgment Date
16 February 2023
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal allowed; judgment for the Defendant.
Legal Topics
Negligence, Duty of Care, Occupiers' Liability Act 1957, Personal Injury, Standard of Care, Causation
Tort Law Occupiers' Liability Negligence Duty of Care Occupiers' Liability Act 1957 Personal Injury Standard of Care Causation

Case Brief

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Parties

Après Lounge Limited

Appellant/defendant

Nicolle Wade

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Defendant's inspection system satisfied the duty of care under section 2(2) of the Occupiers' Liability Act 1957
  2. 2 Whether the trial judge imposed an unreasonably high standard of care on the Defendant
  3. 3 Whether the Defendant's system was reasonable in all the circumstances to keep the Claimant reasonably safe

Ratio Decidendi

The Defendant's system of continuous monitoring and floor checks every 10-15 minutes was reasonable in all the circumstances and satisfied the duty of care under section 2(2) of the Occupiers' Liability Act 1957. The trial judge erred in imposing a higher standard than required by law. The Defendant was not in breach of duty, and judgment for the Claimant was set aside.

Court Disposition

Appeal allowed; judgment for the Defendant.

Orders

  • Judgment for the Defendant
  • Order of the lower court set aside