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14 August 2013
Issue: 7573 / Categories: Case law , Law digest , In Court
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Negligence

Gilman v UPS Ltd and another [2013] EWHC 2341 (TCC), [2013] All ER (D) 61 (Aug)

The duty of care owed by an occupier was in principle capable of extending to dangers arising out of the acts or defaults of third parties visiting the occupier's premises, whether as employees, sub-contractors, licensees or even trespassers, and even when such dangers arose from normally innocuous activities, such as driving or parking vehicles. However, whether or not such a duty arose on the facts of a particular case would depend on the particular facts as found. In a case such as the instant case, the court should proceed on the basis that an occupier was not, without more, liable for the negligence of an invitee which caused damage to persons or property on adjacent land, particularly where that licensee was engaged in an activity not dangerous in itself such as driving or parking a vehicle, which he might be expected to do carefully. However, if the occupier was or should reasonably have been aware of a reasonably foreseeable risk of danger

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MOVERS & SHAKERS

Browne Jacobson—Caroline Barker & Tom Walker

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Browne Jacobson recruits regulatory experts Caroline Barker and Tom Walker to bolster health, government and corporates practices

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Partner and paralegals bolster clinical negligence team at Jackson Lees Group

Stone King—Manchester

Stone King—Manchester

Stone King triples Manchester footprint with office move as law firm’s rapid growth journey continues

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