Case Law Summaries

Murphy v Milton Keynes Parks Trust Ltd & Anor

Murphy v Milton Keynes Parks Trust Ltd & Anor. A case study where Clyde & Co successfully defended a claim against the owner/occupier of a shop forecourt after the claimant was injured after she tripped whilst crossing it.

Health and Safety Executive V Sharpe

Health and Safety Executive V Sharpe Case Law Summary: A Farmer appeared before Leeds Magistrates’ Court sentenced for safety breaches after cattle fatally attacked an 83-year-old man and his wife.

Atkins V Scott – Rotherfield Park

Atkins V Scott – Rotherfield Park Case Law Summary: Having a robust scheme for inspection of trees can be a defence even if a tree fails and causes injury. No one is to blame when a branch from an old oak tree falling onto a highway is hit by a car [62] . A motorist,

Trustees of the Portsmouth Youth Activities Committee V Poppleton

Trustees of the Portsmouth Youth Activities Committee V Poppleton Case Law Summary: The activity centre was not to blame for a person injured falling from a climbing wall. There is no duty to train or assess competence of users. In February 2002, Gary Poppleton, a fit young man, went bouldering, (low-level climbing without ropes) in

Struthers-Wright V Nevis Range Development CO PLC – Aonach Mor

Struthers-Wright V Nevis Range Development CO PLC – Aonach Mor Case Law Summary: The ski-lift operator was not required to put warning signs on a summit plateau where a skier fell and was injured. You do not need to protect against obvious and natural features of the landscape. You can take into account the adverse

Weir-Rodgers V S F Trust

Weir-Rodgers V S F Trust Case Law Summary: The landowner was not required to erect fencing or put warning signs on a cliff edge where a visitor fell and was injured. You do not need to protect against obvious and natural features of the landscape. This case was an appeal to the Supreme Court against

Tomlinson V Congleton Borough Council – Brereton Heath Country Park

Tomlinson V Congleton Borough Council – Brereton Heath Country Park Case Law Summary: A very significant case after a visitor to a country park was severely injured diving into a lake. The judgement clarifies the extent of an occupier’s liability as against the responsibility visitors themselves should take for their own safety. An attractive lake

Darby V National Trust – Hardwick Hall

Darby V National Trust – Hardwick Hall Case Law Summary: The National Trust was not to blame for a swimmer drowning in a pond on the estate. Hardwick Hall is a National Trust property in Derbyshire. It includes a large country park, which is a popular attraction for the large urban population nearby. Within the park