Burke v Lancashire County Council & Anor [2001] EWCA Civ 219 (13 February 2001)

Burke v Lancashire County Council & Anor [2001] EWCA Civ 219 (13 February 2001)

The Court found merit in the applicant's challenge regarding the factual basis for the assessment of danger and granted leave to appeal.

Citation
[2001] EWCA Civ 219
Parties
Claimant/respondent: Jane Deborah Burke; Defendant/applicant: Lancashire County Council; Defendant/applicant: Blackpool & Fylde College Corporation
Jurisdiction
England and Wales
Judgment Date
13 February 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Occupiers' Liability, Duty to Warn of Unusual Danger
Tort Occupiers' Liability Duty to Warn of Unusual Danger

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Jane Deborah Burke

Claimant/respondent

Lancashire County Council

Defendant/applicant

Blackpool & Fylde College Corporation

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial court correctly assessed the danger posed by stacked chairs and the necessity of warning

Ratio Decidendi

The Court found merit in the applicant's challenge regarding the factual basis for the assessment of danger and granted leave to appeal.

Court Disposition

Permission to appeal granted

Orders

  • Application for permission to appeal granted
  • Costs reserved to the appeal