Tomlinson v Congleton Borough Council [2003] UKHL 47 – Law Journals

Book Review: All together?

Jonathan Dingle assesses Employer’s Liability Claims (2016 edition) In a former professional life, when serving in the Royal Navy, the author quickly learned that Royal Marines were among the finest individuals into whose hands you could trust your life. A privilege to command and lead, they were the right people to have at your side …

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Occupiers Liability: Voluntary risk

In the second part of his article, Christopher Jessel continues to consider injury claims which occurred on recreational land and the issues they create ‘The rules for occupiers’ liability can apply differently to open spaces used for recreation from the way they do to enclosed premises such as buildings, especially where access is not controlled …

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Occupiers Liability: Voluntary risk

In the first of a two part article Christopher Jessel analyses the difficult issues which arise when pursuing injury claims which occurred on recreational land ‘The rules for occupiers’ liability can apply differently to open spaces used for recreation from the way they do to enclosed premises such as buildings, especially where access is not …

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

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

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

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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

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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Hazardous Activities: Climbing accidents: the duty and standard of care

The decision of the High Court in MacIntyre v Ministry of Defence [2011] is reviewed by Matthew White ‘The accident happened outside of the UK, therefore domestic Regulations did not apply and the claim was advanced in negligence only.’ The claimant (C) was an officer serving in the army. He was on a training expedition …

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Volenti: Dangerous activities

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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Liability: Beware of the dark

Emma Zeb focuses on the social benefit of an activity versus the risks of injury ‘The law of tort exists to deter negligent conduct, but it should not serve to stamp out every “iota” of risk or deter “desirable activity”.’I suspect that, for most of the 237th Castle Bromwich Scout Group, Mr Newsome was one …

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