Lancashire County Council & Anor v Burke [2001] EWCA Civ 1679 (7 November 2001)

The risk of injury from improperly stacked chairs was not sufficiently foreseeable or serious to impose a duty to warn or instruct adult students; the defendants were not liable in negligence or under the Occupiers' Liability Act 1957.

Citation: [2001] EWCA Civ 1679
Parties: Appellant/defendant: Lancashire County Council; Appellant/defendant: Blackpool and Fylde College; Respondent/claimant: Jane Deborah Burke
Jurisdiction: England and Wales
Judgment Date: 07 November 2001
Procedural Posture: Civil Appeal / Appeal From County Court Judgment
Outcome: appeal allowed
Legal Topics: Negligence, Duty of Care, Occupiers' Liability, Foreseeability, Standard of Care

Tort Law Occupiers' Liability Negligence Duty of Care Foreseeability Standard of Care

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Parties

Lancashire County Council

Appellant/defendant

Blackpool and Fylde College

Appellant/defendant

Jane Deborah Burke

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

1 Whether the defendants owed a duty to instruct students on the correct way to stack chairs and warn of the consequences of improper stacking under the Occupiers' Liability Act 1957

Ratio Decidendi

Court Disposition

appeal allowed

Orders

Defendants' costs of appeal and costs below to be paid by respondent, to be assessed by a costs judge.
Respondent to pay defendants an interim payment of £10,000 plus interest within 14 days.