Trespass impasse
Sproull, N.
Trespass impasse - 2004 - Solicitors' Journal 148(38) 8 October 2004, 1136-1137(2) .
Discusses the impact of several cases examining the issue of personal injury to adult trespassers. States the judge in "Ratcliff v G R McConnell" ([1997] EWCA Civ 2679, [1999] 1 WLR 670) had found Canadian case "Veinot" ([1975] 2 SCR 311), was the only reported case in which an adult trespasser had succeeded in bringing a claim for personal injury. Highlights the three-fold test included in the Occupier's Liability Act 1984 which states the claimant must show first that the defendant was aware of the danger which caused the injury, that he/she knew or had reasonable grounds to believe that the claimant was in the vicinity of the danger or might come within the vicinity and that the risk is one against which it is reasonable to offer some protection. Illustrates the application of this test with a number of cases. Concludes the Court of Appeal remains hostile to claimants.
RATCLIFF V MCCONNEL
VEINOT
SWAIN V PURI
DONOGHUE V FOLKESTONE PROPERTIES LTD
TOMLINSON V CONGLETON BC
GABRIEL V KIRKLEES MBC
RHIND V ASTBURY WATER PARK LTD AND ANOTHER
HIGGS V FOSTER
JOLLEY V SUTTON LBC
OCCUPIERS LIABILITY ACT 1984
TRESPASSING
PERSONAL INJURY
Trespass impasse - 2004 - Solicitors' Journal 148(38) 8 October 2004, 1136-1137(2) .
Discusses the impact of several cases examining the issue of personal injury to adult trespassers. States the judge in "Ratcliff v G R McConnell" ([1997] EWCA Civ 2679, [1999] 1 WLR 670) had found Canadian case "Veinot" ([1975] 2 SCR 311), was the only reported case in which an adult trespasser had succeeded in bringing a claim for personal injury. Highlights the three-fold test included in the Occupier's Liability Act 1984 which states the claimant must show first that the defendant was aware of the danger which caused the injury, that he/she knew or had reasonable grounds to believe that the claimant was in the vicinity of the danger or might come within the vicinity and that the risk is one against which it is reasonable to offer some protection. Illustrates the application of this test with a number of cases. Concludes the Court of Appeal remains hostile to claimants.
RATCLIFF V MCCONNEL
VEINOT
SWAIN V PURI
DONOGHUE V FOLKESTONE PROPERTIES LTD
TOMLINSON V CONGLETON BC
GABRIEL V KIRKLEES MBC
RHIND V ASTBURY WATER PARK LTD AND ANOTHER
HIGGS V FOSTER
JOLLEY V SUTTON LBC
OCCUPIERS LIABILITY ACT 1984
TRESPASSING
PERSONAL INJURY