Case Report: Andrew Risk v Rose Bruford College [2013] EWHC 3869 (QB)

12 King’s Bench Walk (Chambers of Paul Russell QC) | Personal Injury Law Journal | March 2014 #123
Duty of care; assumption of responsibility; causation ‘If the risk of injury is so slight and remote that it is hardly likely ever to materialise, it may well be that it is not reasonable to expect the occupier to take any steps to protect anyone against it’. Did the defendant college owe a 21-year-old student …

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Occupiers: The extent of the duty

Forsters LLP | Property Law Journal | March 2012 #285
Magnus Hassett examines three recent high-profile court decisions and what they mean for landowners and their advisers ‘In the three cases considered, the court concluded that the law did not allow them to compensate the claimants for their injuries, no matter how desirable that outcome might seem given the catastrophic and life-changing injuries suffered by …

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Occupier: State of play

Morgan Cole | Personal Injury Law Journal | December 2011/January 2012 #101
Following a wealth of decisions in 2011, Simon Cradick reviews an occupier’s liability ‘Anyone who has possession, or a sufficient degree of control, of premises, or an area within premises, may be an occupier.’ In 2011, we saw an unusual number of reported occupier’s liability claims, analysis of which provides a useful illustration of the …

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Tort: Look before you leap

4 King’s Bench Walk (Chambers of Timothy Raggatt QC) | The Commercial Litigation Journal | November/December 2011 #40
David Sawtell summarises the law relating to assumption of risk ‘The practitioner must carefully weigh up the indicia pointing towards and away from an “assumption of responsibility” when assessing the merits of a claim or a defence.’ It would be sensible to expect someone who is injured sliding down the banisters in a pub to …

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Volenti: Dangerous activities

7 Bedford Row | Personal Injury Law Journal | July/August 2011 #97
looks at recent decisions concerning the line to be drawn between personal responsibility and the liability of others Julian Matthews ‘The courts, often ready to find that there has been some degree of contributory fault, are now far more reluctant to fix individuals with the full consequences of their own actions then in earlier generations.’ …

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