Webb v Harrington

Webb v Harrington

The judge's finding of fact that the applicant fell while attempting a dangerous manoeuvre was supported by evidence and not irrational. Even if the applicant's version were accepted, the defendant could not have foreseen the method adopted and was not liable. The premises were reasonably safe and no material irregularity rendered the trial unfair.

Parties
Applicant: Mr Kenneth Webb; Respondent: Mr Mark Harrington
Jurisdiction
England and Wales
Judgment Date
29 November 2007
Procedural Posture
Civil / Renewed Application for Permission to Appeal
Outcome
application refused
Legal Topics
Landlord Liability, Occupier's Duty, Negligence, Appeals, Procedural Fairness
Tort Personal Injury Landlord Liability Occupier's Duty Negligence Appeals Procedural Fairness

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Parties

Mr Kenneth Webb

Applicant

Mr Mark Harrington

Respondent

Procedural Posture

Civil / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in rejecting the applicant's version of events regarding the accident
  2. 2 Whether the defendant was liable for the applicant's injuries under landlord/occupier's duty
  3. 3 Whether there was a material irregularity rendering the trial unfair

Ratio Decidendi

The judge's finding of fact that the applicant fell while attempting a dangerous manoeuvre was supported by evidence and not irrational. Even if the applicant's version were accepted, the defendant could not have foreseen the method adopted and was not liable. The premises were reasonably safe and no material irregularity rendered the trial unfair.

Court Disposition

application refused