Nicholas Dobson wonders how far prospective defendants need to go in taking steps to avoid mishap?
In recent years the English courts have been active in seeking to prevent the blame culture from getting out of hand. This is important for local authorities which, as extensive landowners and overseers of outdoor and other activities, can run real risks of criminal and civil liability when things go wrong. The key question is, just how far does a prospective defendant need to go in taking steps to avoid mishap? In addressing this on the various facts before them, the courts have apparently tried to steer a sensible and practical course.
For instance on 31 July 2003 the House of Lords in Tomlinson v Congleton Borough Council and another [2003] UKHL 47 had refused to find on the facts that local authorities were liable in respect of serious disabilities resulting from unauthorised bathing in a lake occupied by the authorities.
Mix and match
Following Tomlinson, on 26 April 2005, in Hampstead Heath Winter Swimming Club and another v The
