Source: All England Reporter
Publisher Citation: [2003] All ER (D) 382 (Feb)
Neutral Citation: [2003] EWCA Civ 231
Court: Court of Appeal, Civil Division
Judge:

Lord Phillips MR, Brooke and Laws LJJ

Representation William Braithwaite QC and Alan Saggerson (instructed by Cunningham John) for the claimant.
  Lawrence West (instructed by Eversheds) for the defendant.
Judgment Dates: 27 February 2003

Catchwords

Occupiers' liability - Trespasser - Duty of care - Test whether duty of care exists to be determined having regard to circumstances prevailing at time of accident - s 1(3)(b).

The Case

The test whether a duty of care existed under the had to be determined having regard to the circumstances prevailing at the time that it was alleged that the breach of duty had resulted in injury to the claimant.

Practice Areas

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