header-logo header-logo

13 June 2013 / Henry Morton Jack
Issue: 7564 / Categories: Features , Landlord&tenant
printer mail-detail

In deep water

The High Court has provided guidance on the correct approach to assessing an occupier’s duty of care relating to foreseeable risk. Henry Morton Jack reports

In Ryan Andrew Cockbill v David Riley [2013] EWHC 656 (QB), the claimant, who was born on 17 June 1990, sustained a catastrophic spinal injury in an accident on 20 July 2006, while attending a party at the defendant’s home to celebrate, along with the defendant’s daughter and others, the end of their GCSE examinations. The claimant entered a large paddling pool in the garden and suffered a serious hyperflexion injury resulting in a fracture of the spine and consequent incomplete tetraplegia. The defendant, who was present throughout the evening, had bought a limited amount of alcoholic drink, namely a 12-pack of small bottles of Budweiser beer and 12 bottles of Vodka Kick.

The pool in which the claimant suffered injury had been brought by one of the guests and filled by the defendant. The claimant had not taken swimwear to the party and did not know there would be a paddling pool provided. He arrived at about

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll