Mathewson v Crump & Anor

Mathewson v Crump & Anor

Neither defendant was an occupier of the premises at the time of the accident; CK2 Construction Ltd had sufficient control. Even if either defendant was an occupier, the claimant was warned of the danger and, as an experienced tradesman, should have appreciated the risk. No breach of duty occurred, and the claimant...

Source-derived case information.

Parties
Claimant: Ian Mathewson; Defendant: Charlotte Crump; Defendant: Kristopher Crump
Jurisdiction
England and Wales
Judgment Date
20 November 2020
Procedural Posture
Personal Injury / Judgment After Trial on Liability
Outcome
claim dismissed
Legal Topics
Occupiers Liability, Negligence, Duty of Care, Volenti Non Fit Injuria, Fundamental Dishonesty, Personal Injury
Tort Law Statutory Liability Occupiers Liability Negligence Duty of Care Volenti Non Fit Injuria Fundamental Dishonesty Personal Injury

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ian Mathewson

Claimant

Charlotte Crump

Defendant

Kristopher Crump

Defendant

Procedural Posture

Personal Injury / Judgment After Trial on Liability

Legal Issues

  1. 1 Whether the defendants were 'occupiers' under the Occupiers Liability Act 1957 at the time of the accident
  2. 2 Whether the defendants breached the common duty of care owed to the claimant
  3. 3 Whether the claimant voluntarily accepted the risk (volenti non fit injuria)

Ratio Decidendi

Neither defendant was an occupier of the premises at the time of the accident; CK2 Construction Ltd had sufficient control. Even if either defendant was an occupier, the claimant was warned of the danger and, as an experienced tradesman, should have appreciated the risk. No breach of duty occurred, and the claimant voluntarily accepted the risk. The claim was not fundamentally dishonest.

Court Disposition

claim dismissed