Liability as occupier to user of a right of way
Language: English Series: Scots Law Times ; 1994 SLT (35) 4 November 1994, 349-352(4)Publication details: 1994Subject(s): Summary: Argues that there is no liability under the Occupiers` Liability (Scotland) Act 1960 on the part of the owner of the solum to someone injured by a dangerous feature of a right of way. It is prompted by certain consideration s raised in the HL decision "McGeown v Northern Ireland Housing Executive" (ABS50870), relating to the English 1957 Act. Suggests that "Johnstone v Sweeney" 1985 SLT (Sh Ct) 2, is wrongly decided on this point but that there are still in some circumstances duties at common law.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS51750 (Browse shelf(Opens below)) | 1 | Available | 42783-1001 |
Argues that there is no liability under the Occupiers` Liability (Scotland) Act 1960 on the part of the owner of the solum to someone injured by a dangerous feature of a right of way. It is prompted by certain consideration s raised in the HL decision "McGeown v Northern Ireland Housing Executive" (ABS50870), relating to the English 1957 Act. Suggests that "Johnstone v Sweeney" 1985 SLT (Sh Ct) 2, is wrongly decided on this point but that there are still in some circumstances duties at common law.