Esdale v Dover District Council

Esdale v Dover District Council

The council's failure to repair the defect, despite its own policy, did not amount to a breach of the objective standard of reasonable care required by law. The judge was entitled to find the defect minor and not a real danger, and the council's inspection regime was reasonable.

Parties
Appellant: Mary Esdale; Respondent: Dover District Council
Jurisdiction
England and Wales
Judgment Date
15 March 2010
Procedural Posture
Civil Appeal / Appeal From Trial Court Judgment
Outcome
Appeal dismissed
Legal Topics
Occupiers' Liability, Standard of Care, Personal Injury
Tort Law Occupiers' Liability Standard of Care Personal Injury

Case Brief

Summary, issues, holding and outcome

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Parties

Mary Esdale

Appellant

Dover District Council

Respondent

Procedural Posture

Civil Appeal / Appeal From Trial Court Judgment

Legal Issues

  1. 1 Whether Dover District Council breached its duty of care under the Occupiers Liability Act 1957 by failing to repair a footpath defect that caused injury to Mrs Esdale.

Ratio Decidendi

The council's failure to repair the defect, despite its own policy, did not amount to a breach of the objective standard of reasonable care required by law. The judge was entitled to find the defect minor and not a real danger, and the council's inspection regime was reasonable.

Court Disposition

Appeal dismissed