Personal Injury Briefing – May 2021

Briefings

27/05/2021

S 2(2). of the Occupiers Liability Act 1957 sets out the persuasively simple proposition that an occupier owes a duty to take such care as is reasonable to see that its visitors are reasonably safe when using the premises for the purposes for which they are invited or permitted to be there.  So far so familiar to a tort lawyer with the concept of reasonableness at its heart.  Liability under the Act is however extremely complex and lack of familiarity with it and the cases that have interpreted it exposes lawyers to all sorts of pitfalls.

In this briefing the 1 Chancery Lane Personal Injury team consider some of the most common areas that pose difficulty.  Henk Soede discusses what is meant by an occupier, who is a visitor and what happens when the claimant is present on the premises due to some sort of right.  Robert Parkin looks at the extensions and restrictions to the duty of care contained in the other subsections of s. 2, including cases involving children and independent contractors, the relevance of warning signs and what happens when a visitor apparently willingly accepts a risk.

Henk and Robert are providing further training in this area in the 1 Chancery Lane Webinar series.  On Thursday 10th June at 1pm they will be giving training on Occupiers Liability – Reminder of the Basics. You can register for the webinar here or for further information about the education and training offered by members of 1 Chancery Lane please visit our website or contact Emma Williams, Marketing Manager on ewilliams@1chancerylane.com.

Read the Personal Injury Briefing in full here.

Latest News & Events

The Dekagram: 13th May 2024

Last week brought the news that the Australian airline Qantas and the Australian Competition and Consumer Commission have agreed to resolve their dispute over cancelled flights by asking the court to impose a $100 million fine, together with an undertaking by the airline to pay…

Max Melsa appears in Court of Appeal in Re D (Children: Interim Care Order: Hair Strand Testing) [2024] EWCA Civ 498

Max Melsa represented the children, through their Children’s Guardian, in the first case to reach the Court of Appeal specifically dealing with the interpretation of Hair-Strand Tests in care proceedings. The appeal was made by the mother against the interim separation of three children from…

Dekinar: Understanding the New Fixed Costs Regime for Cross-Border Claims

In this webinar, Thomas Yarrow and Anirudh Mandagere will take a look at the new fixed costs regime with a specific eye on its impacts on litigation with a cross-border element. Thomas and Anirudh will also answer any questions you may have on the issues…

Subscribe to our mailing list

Deka Chambers: 5 Norwich Street, London EC4A 1DR

© Deka Chambers 2024

Search

Portfolio Builder

Select the expertise that you would like to download or add to the portfolio

Download    Add to portfolio   
Portfolio
Title Type CV Email

Remove All

Download


Click here to share this shortlist.
(It will expire after 30 days.)