||All England Reporter
|| All ER (D) 382 (Feb)
|| EWCA Civ 231
||Court of Appeal, Civil Division
Lord Phillips MR, Brooke and Laws LJJ
||William Braithwaite QC and Alan Saggerson (instructed by Cunningham John) for the claimant.
||Lawrence West (instructed by Eversheds) for the defendant.
||27 February 2003
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 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.
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