header-logo header-logo

14 August 2013
Issue: 7573 / Categories: Case law , Law digest , In Court
printer mail-detail

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

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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll