Stephen Poore v Anglian Water Services Ltd

Stephen Poore v Anglian Water Services Ltd

The defendant was an occupier of the premises under the Occupiers’ Liability Act 1957 and breached its duty by failing to implement any inspection or maintenance system for the manhole cover, relying instead on the local authority which had no such duty. This breach caused the claimant’s injury. However, the claimant was contributorily negligent for crossing the unlit green at night without a torch, and damages were reduced by 50%.

Parties
Claimant: Stephen Poore; Defendant: Anglian Water Services Ltd
Jurisdiction
England and Wales
Judgment Date
02 October 2025
Procedural Posture
Personal Injury / Judgment After Fast Track Trial
Outcome
Judgment for the claimant with 50% reduction for contributory negligence; permission to appeal granted to the defendant.
Legal Topics
Occupiers' Liability, Negligence, Contributory Negligence, Personal Injury
Tort Statutory Duty Occupiers' Liability Negligence Contributory Negligence Personal Injury

Case Brief

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Parties

Stephen Poore

Claimant

Anglian Water Services Ltd

Defendant

Procedural Posture

Personal Injury / Judgment After Fast Track Trial

Legal Issues

  1. 1 Whether the defendant was an occupier under the Occupiers’ Liability Act 1957
  2. 2 Whether the defendant breached its duty of care under the Act
  3. 3 Whether the defendant’s breach caused the claimant’s injuries

Ratio Decidendi

The defendant was an occupier of the premises under the Occupiers’ Liability Act 1957 and breached its duty by failing to implement any inspection or maintenance system for the manhole cover, relying instead on the local authority which had no such duty. This breach caused the claimant’s injury. However, the claimant was contributorily negligent for crossing the unlit green at night without a torch, and damages were reduced by 50%.

Court Disposition

Judgment for the claimant with 50% reduction for contributory negligence; permission to appeal granted to the defendant.

Orders

  • Defendant to pay claimant’s damages assessed at £4,050 general damages, subject to 50% reduction for contributory negligence.
  • Special damages for care and travel costs allowed as per defendant’s submissions, subject to 50% reduction.