Tomlinson v Congleton BC and another (Record no. 73344)

MARC details
000 -LEADER
fixed length control field 01792cam a2200241 4500
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control field ABS67008
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 030903n2003 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u123485
245 ## - TITLE STATEMENT
Title Tomlinson v Congleton BC and another
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2003
490 ## - SERIES STATEMENT
Series statement Weekly Law Reports
Volume/sequential designation [2003] 3 WLR 705-735(31)
520 ## - SUMMARY, ETC.
Summary, etc. [2003] UKHL 47, 31 July 2003. Appeal by defendants C against CA decision ([2003] 12 EG 136(CS)) whch overturned the HC decision in favour of the plaintiff T. T had claimed damages against C claiming that his accident had been caused by their breach of duty which they owned to him as a trespasser under the Occupiers' Liability Act 1984 s1. His claim was allowed on appeal to CA. C appealed to HL. HL held that C did not owe a duty of care to T after he ignored signs of 'no swimming' to dive into a shallow lake and broke his neck, leaving him paralysed. There was no liability under Occupiers' Liability Act 1984 s1(3) for the claimant's injuries from diving into a shallow lake as the risk was obvious. It did not arise from the state of the premises or anything done or not done on them and accordingly, no duty of care was owed. Appeal dismissed. Illustrates a legal issue that could face landowners as the public exercise their right to roam under the Countryside and Rights of Way Act 2000. View judgment at www.publications.parliament.uk.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TOMLINSON V CONGLETON BC
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Topical term or geographic name entry element COUNTRYSIDE ACCESS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TRESPASS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element DUTY OF CARE
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element COUNTRYSIDE AND RIGHTS OF WAY ACT 2000
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element OCCUPIERS' LIABILITY ACT 1984 S1(3)
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element LAW-UK
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.publications.parliament.uk/pa/ld200203/ldjudgmt/jd030731/tomlin-1.htm">https://www.publications.parliament.uk/pa/ld200203/ldjudgmt/jd030731/tomlin-1.htm</a>
Public note View judgment on the HL website...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
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    Dewey Decimal Classification     London London Journal article 03/09/2003   ABS67008 123485-1001 06/08/2019 1 06/08/2019 Journal article