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

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


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

If you are a LexisLibrary subscriber you can read more about this case here.