header-logo header-logo

01 July 2010 / Peter Wake
Issue: 7424 / Categories: Features , Damages , Personal injury
printer mail-detail

Sense & sensibility

Peter Wake applauds a common sense approach to liability

In the recent case of Esdale v Dover District Council [2010] EWCA Civ 409 the Court of Appeal delivered a helpful judgment in a simple personal injury claim; the facts of which will be familiar to local authorities across the country and their insurers.

The claimant was injured when she tripped and fell on a pathway forming the entrance to the block of flats where she lived. The council was the owner and occupier of both the block of flats and the pathway. The defect was a change in level in the path which the judge held to have measured between ¾ and one inch. The council inspected the path and adopted a general policy of repairing defects measuring more than ¾ inch. The path had been inspected on a number of occasions prior to the accident and the defect had not been regarded as requiring attention. The council’s inspector had reached this conclusion on the basis of a purely visual examination rather than

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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll