England and Wales Case Law

Adam Lillystone v Bradgate Education Partnership

The Respondent owed no duty to the Appellant under the Occupiers Liability Act 1957 because the risks of climbing the gate were obvious and willingly accepted, and the danger was not due to the state of the premises but the act of climbing. Alternatively, the Appellant was a trespasser when climbing the gate and no duty was owed under the 1984 Act as the Respondent had no knowledge of the burr and could not reasonably be expected to protect against the risk. Even if a duty was owed, the Respondent had adequate measures for ball retrieval. The cause of injury was the Appellant's own choice to…

Source excerpt

• Occupiers liability act 1957
• Occupiers liability act 1984
• Negligence
• Duty of care
• Risk assessment
• Trespass

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Lewin v Gray

Lewin v Gray [2023] EWHC 112 (KB) (25 January 2023)

The High Court dismissed a builder’s claim against a farmer after a fall through a fragile barn roof, holding no civil liability arose from CDM 2015 breach.

• Negligence
• Occupiers liability act 1957
• Construction (design and management) regulations 2015
• Work at height regulations 2005
• Statutory duty
• Common law duty

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Robert Lewin v Nicholas Gray

The High Court held that the defendant farmer was not liable for a roofer’s catastrophic fall on a fragile barn roof and dismissed the claim.

• Negligence
• Occupiers liability act 1957
• Construction (design and management) regulations 2015
• Statutory duty
• Workplace safety
• Contributory negligence

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Moreira v Moran t/a ACH Joinery and Building Contractors & Ors

Moreira v Moran t/a ACH Joinery and Building Contractors & Ors [2021] EWHC 1800 (QB) (01 July 2021)

Personal injury trial over a mezzanine fall at factory premises. The court found the first and second defendants negligent, rejected contributory negligence, and dismissed the claim against the occupier.

• Negligence
• Employer's duty of care
• Occupiers liability act 1957
• Contributory negligence
• Apportionment of liability
• Occupiers-liability

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Lewis v Wandsworth London Borough Council

The High Court allowed the council’s appeal in a cricket-ball injury claim, holding that the Recorder overvalued warning-sign arguments and overlooked material evidence.

• Negligence
• Duty of care
• Occupiers liability act 1957
• Personal injury
• Warnings and signage
• Standard of care

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Heeds v Cleveland Police & Anor

Appeal over a custody-suite door injury held the Workplace Regulations, not Equipment Regulations, applied. The door was suitably constructed and no statutory breach was proved.

• Negligence
• Breach of statutory duty
• Workplace (health, safety and welfare) regulations 1992
• Provision and use of work equipment regulations 1998
• Occupiers liability act 1957
• Interpretation of statutory regulations

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Heeds v Cleveland Police & Anor

Heeds v Cleveland Police & Anor [2018] EWHC 810 (QB) (18 April 2018)

High Court appeal over a custody-suite door injury, addressing whether workplace or work-equipment regulations applied and whether the door was suitably constructed.

• Workplace (health, safety and welfare) regulations 1992
• Provision and use of work equipment regulations 1998
• Occupiers liability act 1957
• Negligence
• Statutory interpretation
• Health-and-safety

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Heeds v Cleveland Police & Anor

Heeds v Cleveland Police & Anor [2018] EWHC 810 (QB) (18 April 2018)

High Court appeal over a custody-suite door injury held the Workplace Regulations applied, not the Equipment Regulations, and addressed suitability under Regulation 18(1).

• Workplace (health, safety and welfare) regulations 1992
• Provision and use of work equipment regulations 1998
• Occupiers liability act 1957
• Negligence
• Statutory interpretation
• Health-and-safety

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Spearman v Royal United Bath Hospitals NHS Foundation Trust

A vulnerable hospital patient left the emergency department, reached a roof area, and fell. The High Court found the hospital liable for failing to secure access and assess the risk.

• Occupiers liability act 1957
• Occupiers liability act 1984
• Duty of care
• Risk assessment
• Hospital safety
• Contributory negligence

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English Heritage v Taylor

English Heritage v Taylor [2016] EWCA Civ 448 (11 May 2016)

The Court of Appeal held that a non-obvious sheer drop at Carisbrooke Castle required warning, dismissed the appeal, and upheld 50% contributory negligence.

• Occupiers liability act 1957
• Duty of care
• Obvious dangers
• Warning signs
• Contributory negligence
• Occupiers-liability

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