Benjamin Michael Brown v South West Lakes Trust

Benjamin Michael Brown v South West Lakes Trust

The claims against the occupiers failed because the risk of injury was not due to the state of the premises but to Mrs Brown's driving; there is no duty on occupiers of land adjoining a highway to prevent vehicles leaving the road. The claim against the council for negligent design and construction of the highway bend disclosed a reasonable cause of action and should not have been summarily dismissed.

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 (striking Out and 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 Pleadings
Tort Law Occupiers' Liability Highway Law Negligence Highway Authority Duties Summary Judgment Striking Out Pleadings

Case Brief

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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 (striking Out and 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 design and construction of the highway bend
  3. 3 Whether the claims disclosed reasonable causes of action or had a real prospect of success

Ratio Decidendi

The claims against the occupiers failed because the risk of injury was not due to the state of the premises but to Mrs Brown's driving; there is no duty on occupiers of land adjoining a highway to prevent vehicles leaving the road. The claim against the council for negligent design and construction of the highway bend disclosed a reasonable cause of action and should not have been summarily dismissed.

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 remain struck out and summary judgment for them is upheld.
  • Claim against Cornwall Council for negligent design and construction of the highway bend is reinstated and may proceed to trial.