Source: All England Reporter
Publisher Citation: [2008] All ER (D) 364 (Jun)
Court: Court of Appeal, Civil Division

Sir Andrew Morritt C, Arden and Smith LJJ

Representation Howard Elgot (instructed by Berrymans Lace Mawer, Stockton-on-Tees) for the defendant.
  Derek O'Sullivan (instructed by Weightmans) for the respondent.
Judgment Dates: 26 June 2008


Occupier's liability - Duty to invitee - Works on premises - Contribution claim - Defendant sued by employee in relation to injuries sustained whilst working on respondent's property - Defendant subsequently bringing contribution claim against respondent - Judge dismissing contribution claim - Whether judge erring - .

The Case

Occupier's liability Duty to invitee. Where the defendant's contribution claim against the respondent had been dismissed in circumstances where the claimant, and employee of the defendant, had fallen from an unguarded staircase whilst working at the respondent's home, the court held that the judge had erred in failing properly to consider the common duty of car under the . In all the circumstances, the respondent had acted in breach of the duty under the 1957 Act. Accordingly, the defendant's appeal was allowed.

Practice Areas

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