Source: All England Reporter
Publisher Citation: [2002] All ER (D) 345 (Jul)
Neutral Citation: [2002] EWCA Civ 1041
Court: Court of Appeal, Civil Division
Judge:

Lord Woolf CJ, Waller and Sedley LJJ

Representation Laurence Marsh (instructed by Collins) for the claimant.
  Richard Furniss (instructed by Beachcroft Wansbroughs) for the trust.
Judgment Dates: 24 July 2002

Catchwords

Occupier's liability - Liability for independent contractor - Duty to invitee - Hospital holding fundraising fair in hospital grounds - Independent contractor providing activities - Claimant being injured whilst using activity - Whether hospital liable to claimant - Occupiers Liability Act 1957, s 2.

The Case

A hospital trust which had employed an independent contractor to provide an activity at a fundraising fair held in the hospital grounds had owed a duty to a visitor who was injured when using the activity, but had fulfilled that duty by inquiring as to the independent contractor's insurance position.

Practice Areas

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