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

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

DAC Beachcroft—Kirstie Pike & Simy Khanna

DAC Beachcroft—Kirstie Pike & Simy Khanna

DAC Beachcroft further builds national Professional Liability practice, hiring two partners in Bristol

NEWS
A child’s views can be taken into account during international child abduction proceedings, the Supreme Court has held
Small and medium-sized law firms have urged regulators to pause plans to exclude owner-managers from compliance officer roles
Lawyers have raised the alarm on employment tribunal delays and backlogs, with some cases facing a three-year wait for a hearing
The controversial assisted dying Bill has drawn to a halt after MPs defeated it by 286 votes to 270
MPs have called for legislation to protect against the human rights risks of artificial intelligence (AI)
back-to-top-scroll