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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Sean Drummond v Keolis Amey Docklands Ltd

The court was not satisfied on the balance of probabilities that the claimant accessed the track by opening the gate rather than sidestepping it. Therefore, the alleged failures to lock or alarm the gate were not causally relevant, and the proposed amendments to the particulars of claim were otiose.

Source excerpt

• Negligence
• Occupiers liability act 1984
• Amendment of pleadings
• Causation
• Discontinuance of claim

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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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Geary v JD Wetherspoon Plc

Personal injury claim dismissed after the claimant fell while sliding down pub banisters; the court held she voluntarily accepted an obvious risk.

• Voluntary assumption of risk
• Duty of care
• Occupiers liability act 1957
• Occupiers liability act 1984
• Assumption of responsibility
• Proximity

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Maloney v Torfaen County Borough Council

The Court of Appeal dismissed a personal injury appeal arising from a fall into a subway, finding no duty under the Occupiers’ Liability Acts and no negligent design.

• Duty of care
• Occupiers liability act 1957
• Occupiers liability act 1984
• Contributory negligence
• Negligent design
• Occupiers-liability

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Higgs v WH Foster (t/a Avalon Coaches)

The Court of Appeal dismissed a police officer’s claim under the Occupiers’ Liability Act 1984 after he fell into an uncovered inspection pit while trespassing.

• Duty of care to trespassers
• Occupiers liability act 1984
• Personal injury
• Premises liability
• Occupiers-liability
• Trespass

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