header-logo header-logo

30 September 2010 / Jack Harris
Issue: 7435 / Categories: Features , Personal injury
printer mail-detail

Keep out

Jack Harris reports on the duty of landowners towards uninvited guests

The recent judgment of the Court of Appeal in the case of Harvey v Plymouth City Council [2010] EWCA Civ 860 will be welcomed by local authorities, commercial landowners and their insurers.

The Court of Appeal reversed the decision of the judge at first instance so as to dismiss the claim of a young man, who had injured himself in reckless late night horseplay on the council’s land. In doing so the court confirmed that a landowner owes a duty under the Occupiers Liability Act 1957 (the 1957 Act) only to those who use its land within the terms of the licence granted to them by the landowner.

The facts

The claimant had travelled back in a taxi from a night out with friends. He was drunk. Together with a friend he decided to run away from the taxi without paying. He ran onto an area of parkland, of which the council agreed it was occupier. The parkland had been in common usage by

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll