G4S Care And Justice Services (UK) Ltd v Manley [2016] EWHC 2355 (QB) (30 September 2016)

G4S Care And Justice Services (UK) Ltd v Manley [2016] EWHC 2355 (QB) (30 September 2016)

The defendant breached its duty of care under section 2(2) of the Occupier's Liability Act 1957 by failing to restore power within a reasonable time after being informed of the claimant's vulnerability, and this failure caused the claimant's injury. The judge applied the correct legal test and did not impose an unreasonably high standard of care.

Citation
[2016] EWHC 2355
Parties
Appellant/defendant: G4S Care and Justice Services (UK) Limited; Respondent/claimant: Kevin Manley
Jurisdiction
England and Wales
Judgment Date
30 September 2016
Procedural Posture
Civil Appeal / High Court (queen's Bench Division) Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Occupiers' Liability, Standard of Care, Personal Injury, Duty of Care
Tort Law Occupiers' Liability Standard of Care Personal Injury Duty of Care

Case Brief

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Parties

G4S Care and Justice Services (UK) Limited

Appellant/defendant

Kevin Manley

Respondent/claimant

Procedural Posture

Civil Appeal / High Court (queen's Bench Division) Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the defendant breached its duty of care under section 2(2) of the Occupier's Liability Act 1957 by failing to restore electricity within a reasonable time, resulting in injury to the claimant.
  2. 2 Whether the judge imposed an unreasonably high standard of care on the defendant.

Ratio Decidendi

The defendant breached its duty of care under section 2(2) of the Occupier's Liability Act 1957 by failing to restore power within a reasonable time after being informed of the claimant's vulnerability, and this failure caused the claimant's injury. The judge applied the correct legal test and did not impose an unreasonably high standard of care.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The County Court judgment in favour of the claimant stands.