Liability as occupier to user of a right of way
Blackie, J.
Liability as occupier to user of a right of way - 1994 - Scots Law Times 1994 SLT (35) 4 November 1994, 349-352(4) .
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.
OCCUPIERS LIABILITY ACT 1969
RIGHTS OF WAY
SCOTLAND
Liability as occupier to user of a right of way - 1994 - Scots Law Times 1994 SLT (35) 4 November 1994, 349-352(4) .
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.
OCCUPIERS LIABILITY ACT 1969
RIGHTS OF WAY
SCOTLAND