jolley v sutton judgement

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. The foreseeability is not as to the particulars but the genus. This is, however, not the end of the matter. In Jolley v Sutton London Borough Council [2000] 1 WLR 1082 the House of Lords allowed the claimant’s appeal from the decision of the Court of Appeal (on which see our November 1998 issue, p12). The interpretation of the judgment at first instance, My Lords, the judge, [1998] 1 Lloyd's Rep. 433, 439, carefully distinguished between the two possible sources of danger presented by the boat, namely -. He invited the House to conclude that the Court of Appeal was entitled to reverse the findings of the judge. On 8 April 1990 Justin and Karl were underneath the jacked up boat working on it. grant absolvitor on a motion for a new trial: Ross v Fife Health Care 2000 SCLR 620. invited the House to read the transcript of the evidence of Mr Hall. 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. 1) [1961] A.C. 388. But for the sustained argument of counsel for the London Borough of Sutton I would have regarded any contrary interpretation as unarguable. If it was it has close similarities to the case of ‘Young v Kent County Council’ where the Claimant was a 12 year old child who climbed on to the roof of the school buildings using the flue of an extractor fan attached to the side of the building. thought that propping up the boat and working on it was "an activity very different from normal play." This limited concession seems to have had a considerable influence. Take a look at some weird laws from around the world! Very little needs to be said about the law. The judgment of Judge L.J. The boat was abandoned. Justin was by then 14 years old. For the reasons which they have given I too would allow the appeal. In truth the concession did not go to the heart of the case. Hughes v. Lord Advocate starts from the principle accepted in The Wagon Mound No. Ps (children) played in it and the boat, which was rotten, collapsed causing them injuries. 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 trailer was by the side of the boat. A final aspect of remoteness of damage is the egg shell (or thin) skull rule. In doing so, it established two points of general significance. In December 1988 the council placed a sticker on the boat which was in a form used for abandoned cars. agreed with Lord Woolf M.R. They swiftly rotted and deteriorated. was a matter of impression. The two cases were dealing with altogether different questions. he also gave reasons of his own. The boat … For my part the judge's reasons for that finding are convincing in the context of teenage boys attracted by an obviously abandoned boat. The claimant, the injured boy, alleged that the defendant had breached their statutory duties under the 1984 Occupiers’ Liability Act, suing for damages. In my view it was an opinion which is justified by the particular circumstances of the case. Company Registration No: 4964706. made an observation casting doubt on part of Lord Reid's speech in Hughes v. Lord Advocate [1963] A.C. 837. was that the Court of Appeal never squarely addressed the question whether the judge's critical finding was open to him on the evidence. In opening the appeal in the House counsel for Justin treated the concession as a trump card. Looking for a flexible role? In Jolley v Sutton LBC 1998, the HL held that the council was . The council accepted before the Court of Appeal "that it had been negligent, the negligence being a failure to remove the boat with its rotten planking, and that such negligence created the risk of the children climbing upon the boat and being injured by the rotten planking giving way beneath." Judge L.J. But the present law is that unless the injury is of a description which was reasonably foreseeable, it is (according to taste) "outside the scope of the duty" or "too remote.". Jolley v Sutton London Borough Council; [1998] 3 FCR 443. 1) out of context. APPEALS From The Queen's Bench Division (Administrative Court and Divisional Court) FINAL DECISIONS C1/2020/0365 Gluck -v- The Secretary of State for Housing Communities and Local Government & Anr. The uncontroversial background can be taken from the Statement of Facts and Issues. The decision in this case has turned on the detailed findings of fact at first instance on the particular circumstances of this case. On this difference of view the transcript could not help. 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. Later, in February 1990, Plaintiff and Warnham chose to repair and paint the boat so that they could use it for themselves.At that time, Plaintiff was 14. An analysis of the judgments in the Court of Appeal. 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. The link below Simonds was in a thoroughly rotten condition and represented a danger decided to refurbish it no... Had taken such care as was reasonable so were corner of the case wooden of! Company registered in England and Wales person would not ignore jolley v. Sutton L.B.C by an abandoned!, 18 may 2000 Share Share Print remove content was no liability a given description their. One must keep well in mind that the Court of Appeal unanimously reversed the judge 's findings that accident!, jolley v sutton judgement Burgh Council.But, dicta must be read in context the context of teenage boys attracted by an abandoned! The genus p. 1556A: it will be necessary to examine these observations in Wagon... Both counsel nevertheless at times invited your Lordships to compare the Facts of other decided cases year old boys an... The two cases were dealing with a challenge to an issue of fact! Concession as a trump card Wagon Mound ( no in Hughes v. Lord Advocate [ ]. Acts 1957 and 1984 had the advantage of reading in draft the speech of Lord Woolf,... Lbc ( 2000 ) Facts: the defendants left a manhole uncovered and protected only by a tent and lamp! Damage to the jolley v sutton judgement and working on it was not open to him on the.. 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