Keown v Coventry Healthcare NHS Trust

Keown v Coventry Healthcare NHS Trust

Permission to appeal is granted as substantial points of law arise regarding the interpretation and application of the Occupiers' Liability Act 1984 to the facts, particularly the distinction between dangerous premises and dangerous activities, the hospital's knowledge of risk, and the applicability of volenti to a child trespasser.

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; Appeal to Be Listed
Outcome
Permission to appeal granted
Legal Topics
Statutory Duty of Occupiers, Liability to Trespassers, Contributory Negligence, Volenti Non Fit Injuria
Tort Law Occupiers' Liability Statutory Duty of Occupiers Liability to Trespassers Contributory Negligence Volenti Non Fit Injuria

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; Appeal to Be Listed

Legal Issues

  1. 1 Whether the hospital owed a duty under section 1 of the Occupiers' Liability Act 1984 to a trespassing child injured while climbing a fire-escape
  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 risk under section 1(3)

Ratio Decidendi

Permission to appeal is granted as substantial points of law arise regarding the interpretation and application of the Occupiers' Liability Act 1984 to the facts, particularly the distinction between dangerous premises and dangerous activities, the hospital's knowledge of risk, and the applicability of volenti to a child trespasser.

Court Disposition

Permission to appeal granted

Orders

  • Appeal to be listed for one day before two Lord Justices, one with experience in personal injury matters, and a High Court Judge if a third Lord Justice is not available