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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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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