jolley v sutton judgement

Hughes v. Lord Advocate starts from the principle accepted in The Wagon Mound No. The two cases were dealing with altogether different questions. The CA held that by building an eight-foot fence the council had taken such care as was reasonable so were . It read "Danger do not touch this vehicle unless you are the owner" and stated that it would be removed within seven days unless claimed by its owner. Lord Woolf M.R. In a careful and detailed judgment the judge analysed the evidence and made detailed findings of fact. Lord Woolf M.R. Having heard the arguments I remain of the view that the judge's findings are crystal clear and to the effect I have described. If the conclusion of the Court of Appeal is to be sustained it can only be on the basis of the judgment of Lord Woolf M.R. IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE QUEEN’S BENCH DIVISION (MR … Counsel for the borough accepted that, if in the circumstances of this case he failed on the primary issue, he could not succeed on this closely linked point. These were the opening remarks of Mr Justice Martin Spencer when handing down his Judgment in the recent case of Andrew Chell v Tarmac Cement and Lime Limited [2020] EWHC 2613, the latest in a series of appeals dealing with the scope of vicarious liability. Lord Woolf M.R. then explained his reasons for disagreeing with the judge, [1998] 1 W.L.R. The judge said that in the case of teenagers play can take the form of mimicking adult behaviour. Evening all, was hoping someone could point me in the right direction about occupiers liability and duty of care. The decision in this case has turned on the detailed findings of fact at first instance on the particular circumstances of this case. The council made plans to remove the boat, but these plans were not implemented. Although some courts have on occasion adopted a more restrictive approach, the decision of the Lords in Jolley v Sutton London Borough Council, suggests that the liberal approach is to be preferred. The immediate cause of the collapse was that the boat toppled off the jack and other material upon which it was propped. On one occasion one of the boys put his foot through the structure. In the early Summer of 1989 when he was 13 Justin and a friend, Karl Warnham, saw the boat when they were walking past the flats. Jolley v Sutton LBC 3 All ER 409 A boat was left abandoned for about 2 years on land owned by Ds. Looking for a flexible role? Justin was by then 14 years old. [foreseeable] risk of injury": Jolley v Sutton Londonborough Council 1 WLR 1082 at page 1091 G-H, to Wallace v City of Glasgow District Council 1985 SLT 23; McQueen v Ballater Golf Club 1975, Scottish Borders Council [2008] SCOH 163. 1546. Secondly, Lord Woolf M.R. Take notice that on MONDAY, 21 DECEMBER, 2020 at 10:30, Judgment will be given in the following. The council made plans to remove the boat, but these plans were not implemented. VAT Registration No: 842417633. thought that propping up the boat and working on it was "an activity very different from normal play." There must be reasonable foreseeability of a risk which a reasonable person would not ignore. Appeal of Appellant from the order of The Upper Tribunal Judge Nicholas Wikeley, dated 30th April 2019, filed 10th October 2019. In Jolley v Sutton LBC 1998, the HL held that the council was . He said one must keep well in mind that the case was concerned with boys aged 13 and 14. The House of Lords decided that the injury which actually materialised fell within this description, notwithstanding that it involved an unanticipated explosion of the lamp and consequent injuries of unexpected severity. The boat seemed to rock above him. Whilst the warning notice stated that the owner of the boat had one week within which to move the boat or have it removed by the Council, the defendant did not follow up on this. Two fourteen year old boys found an abandoned boat and decided to refurbish it. This concession was rightly made. 1) Viscount Simonds at one stage observed, at p. 425E: But this is to take one sentence in the judgment in The Wagon Mound (No. Jolley v Sutton, a greater standard of care is owned to children Bolton v Stone, the reasonable man is expected to proceed with a risk when the risk is only very small. The claim concerned the duty owed by … The council admits that it was the occupier of the grassed area near the flats where the plaintiff lived, that plaintiff was allowed to play there and that he was accordingly a "visitor" upon its land within the meaning of the Occupiers' Liability Act 1957: see section 1(2). The uncontroversial background can be taken from the Statement of Facts and Issues. And I do not regard what they did as so very different from normal play. It may explain why Lord Woolf M.R. Accordingly, the boys pulled the boat off the trailer. He cited extensively from the decision in the Privy Council in Overseas Tank (U.K.) Limited v. Morts Docks and Engineering Company Limited (The Wagon Mound) [1961] A.C. 388 ("The Wagon Mound No. Jolley v Sutton [2000] 1 WLR 1082 Case summary . But in view of the observations of Lord Woolf M.R., at p. 1554, that the boat was "a fairly heavy structure" and that it would be "by no means easy for the boat to be moved or raised" I accept that by implication he must have approached the matter on the basis that the judge made a finding which was not open to him. It is true that in The Wagon Mound (No. He stated in very general terms that the occupier is under a duty to protect a child from danger caused by meddling with such an object by taking reasonable steps in the circumstances including, where appropriate, removing the object altogether so as to avoid the prospect of injury. The judgment of Judge L.J. Jolley v Sutton London Borough Council [2000] 3 All ER 409 HL (0 other reports) In Jolley v Sutton London Borough Council , the House of Lords confirms both that a special duty of care is owed to children and that the rules of foreseeability do not require … Appeal from – Regina v London Borough of Sutton, ex parte Jolley CA 19-Jun-1998 The plaintiff, a boy, was injured when playing on a derelict boat left on council land. Held: A local authority may be liable for injury caused by a derelict boat not removed from their land.. grant absolvitor on a motion for a new trial: Ross v Fife Health Care 2000 SCLR 620. Jolley v Sutton London Borough Council: HL 24 May 2000 An abandoned boat had been left on its land and not removed by the council. And Lord Reid was saying no more. The claimant, the injured boy, alleged that the defendant had breached their statutory duties under the 1984 Occupiers’ Liability Act, suing for damages. Jolley v Sutton [2000] 1 WLR 1082 . One therefore has this troublesome situation. D knew of a boat beside a block of flats and made plans to remove it which were never implemented. v. Sutton London Borough Council : 18 May 2000 : Lafarge Redlands Aggregates Limited (Formerly Redland Aggregates Limited) v. Shephard Hill Civil Engineering Limited : 27 July 2000: Lancashire County Council v. Barlow and Another and One Other Action : 16 March 2000 : Miah and Others v. Khan (A.P.) Reference, & Mackenzie Limited 1967 SC (HL) 73; Jolley v Sutton London Borough Council 2000 PIQR 136 per Lord, Co 1910 SC 546 at pages 548-549; McCaffery v Lanarkshire Tramways Co 1910 SC 797; Ross v Fife So, in Hughes v. Lord Advocate [1963] A.C. 837 the foreseeable risk was that a child would be injured by falling in the hole or being burned by a lamp or by a combination of both. It arose when a small abandoned cabin cruiser, which had been left lying in the grounds of the block of flats, fell on Justin as he lay underneath it while attempting to repair and paint it. Jolley v Sutton London Borough Council [2000] 1 WLR 1082, considered Mount Isa Mines v Peachey [1998] QCA 400; Appeal No 3072 of 1998, 1 December 1998, considered Truth About Motorways Pty Ltd v Macquarie Infrastructure Investment Management Ltd (1998) ATPR 41-663, considered Westpac Banking Corporation v Klef Pty Ltd [1998] QCA 311; Appeal No 8204 of 1998, 16 October 1998, considered … In 1987, a boat and trailer were abandoned on the grounds of council flats (public housing) occupied by the council for the London Borough of Sutton (Council) (defendant). He therefore did not directly explain why on the evidence this finding was not open to the judge. Like my noble and learned friend Lord Steyn, I can see no inconsistency between anything said in The Wagon Mound No.1 and the speech of Lord Reid in Hughes v. Lord Advocate. For my part the judge's reasons for that finding are convincing in the context of teenage boys attracted by an obviously abandoned boat. It was unconvincing to submit that harm to younger children playing and harm to older children restoring amounted to two different forms of harm in the instant case. Was the Court of Appeal entitled to disturb the judge's finding? HL allowed Ps’ claim. A child climbed down the hole. In 1987 a boat was brought on a trailer to the grounds of Hayling Court. did not expressly address the judge's findings that an accident of the type, which in fact occurred, was reasonably foreseeable. 20: ... in Jolley v Sutton London Borough Council [2000] 1 WLR 1082, 1091. Injuries, including paraplegia, 1551H-1552C cited the following flats and made detailed of! Express but limited concession plans to remove the boat off the trailer in draft the speech of Lord Reid Hughes! Council made plans to remove it which were never implemented what they did as so very from! To an issue of primary fact a sticker on the evidence this finding open... 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