Brown & Ors v South West Lakes Trust & Ors [2022] EWCA Civ 18 (17 January 2022)

Brown & Ors v South West Lakes Trust & Ors [2022] EWCA Civ 18 (17 January 2022)

Claims against occupiers of the reservoir failed as the danger was not due to the state of the premises but to Mrs Brown's driving; no duty owed under the Occupiers' Liability Act 1984. The claim against the council for negligent design and construction of the highway bend disclosed a reasonable cause of action and had a real prospect of success, as misfeasance was sufficiently pleaded.

Citation
[2022] EWCA Civ 18
Parties
Appellant/claimant: Benjamin Michael Brown; Appellant/claimant: David Thomas (by his father and litigation friend Benjamin Michael Brown); Appellant/claimant: John Samuel Brown (by his father and litigation friend Benjamin Michael Brown); Respondent/defendant: South West Lakes Trust; Respondent/defendant: South West Water Limited; Respondent/defendant: Cornwall Council
Jurisdiction
England and Wales
Judgment Date
17 January 2022
Procedural Posture
Civil Appeal / Appeal From High Court Order Striking Out and Granting Reverse Summary Judgment
Outcome
Appeal dismissed against South West Lakes Trust and South West Water Limited; appeal allowed against Cornwall Council in part.
Legal Topics
Negligence, Occupiers' Liability, Highway Authority Duties, Summary Judgment, Striking Out, Misfeasance, Public Nuisance
Tort Public Authority Liability Occupiers' Liability Negligence Highway Authority Duties Summary Judgment Striking Out Misfeasance +1 more

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Parties

Benjamin Michael Brown

Appellant/claimant

David Thomas (by his father and litigation friend Benjamin Michael Brown)

Appellant/claimant

John Samuel Brown (by his father and litigation friend Benjamin Michael Brown)

Appellant/claimant

South West Lakes Trust

Respondent/defendant

South West Water Limited

Respondent/defendant

Cornwall Council

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court Order Striking Out and Granting Reverse Summary Judgment

Legal Issues

  1. 1 Whether occupiers of land adjoining a highway owe a duty under the Occupiers' Liability Act 1984 to prevent vehicles leaving the highway and entering their premises
  2. 2 Whether the highway authority owed a duty in the negligent design and construction of the highway bend
  3. 3 Whether the claims disclosed reasonable causes of action or had real prospects of success

Ratio Decidendi

Claims against occupiers of the reservoir failed as the danger was not due to the state of the premises but to Mrs Brown's driving; no duty owed under the Occupiers' Liability Act 1984. The claim against the council for negligent design and construction of the highway bend disclosed a reasonable cause of action and had a real prospect of success, as misfeasance was sufficiently pleaded.

Court Disposition

Appeal dismissed against South West Lakes Trust and South West Water Limited; appeal allowed against Cornwall Council in part.

Orders

  • Claims against South West Lakes Trust and South West Water Limited struck out and reverse summary judgment granted.
  • Claim against Cornwall Council for negligent design and construction of the highway bend permitted to proceed.