Keown v Coventry Healthcare NHS Trust [2005] EWCA Civ 1707 (23 November 2005)

Keown v Coventry Healthcare NHS Trust [2005] EWCA Civ 1707 (23 November 2005)

Permission to appeal granted because substantial points of law arise regarding the application of the Occupiers' Liability Act 1984 to trespassing children, the distinction between dangerous premises and dangerous activities, the hospital's knowledge of risk, and the applicability of volenti non fit injuria.

Citation
[2005] EWCA Civ 1707
Parties
Claimant/respondent: Martyn Keown; Defendant/appellant: Coventry Healthcare NHS Trust
Jurisdiction
England and Wales
Judgment Date
23 November 2005
Procedural Posture
Civil Appeal / Permission to Appeal Granted; Pre Hearing
Outcome
Permission to appeal granted
Legal Topics
Occupiers' Liability, Contributory Negligence, Volenti Non Fit Injuria, Duty of Care to Trespassers
Tort Law Personal Injury Occupiers' Liability Contributory Negligence Volenti Non Fit Injuria Duty of Care to Trespassers

Case Brief

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Parties

Martyn Keown

Claimant/respondent

Coventry Healthcare NHS Trust

Defendant/appellant

Procedural Posture

Civil Appeal / Permission to Appeal Granted; Pre Hearing

Legal Issues

  1. 1 Whether the hospital owed a duty of care to a trespassing child under the Occupiers' Liability Act 1984
  2. 2 Whether the fire-escape constituted a 'danger due to the state of the premises'
  3. 3 Whether the hospital had knowledge of the specific risk under section 1(3) of the 1984 Act

Ratio Decidendi

Permission to appeal granted because substantial points of law arise regarding the application of the Occupiers' Liability Act 1984 to trespassing children, the distinction between dangerous premises and dangerous activities, the hospital's knowledge of risk, and the applicability of volenti non fit injuria.

Court Disposition

Permission to appeal granted

Orders

  • Appeal to be listed for one day before two Lord Justices, one with personal injury experience, and a High Court Judge if a third Lord Justice is unavailable.