Occupiers’ Liability Act 1984 interpreted restrictively (Brown v South West Lakes)

Article summary

PI & Clinical Negligence analysis: In Brown and others v South West Lakes Trust and others, the Court of Appeal held that a trespasser could not rely on the Occupiers’ Liability Act 1984 (OLA 1984) in circumstances where she had inadvertently entered the occupier’s premises and drowned in a body of water. The Court of Appeal considered the position to be indistinguishable from Tomlinson v Congleton Borough Council in which Lord Hoffmann had barred a claim brought by a trespasser who deliberately performed an activity which was inherently dangerous. The Court of Appeal also interpreted OLA 1984, s 1(3)(b) restrictively by reference to the law of public nuisance. Consequently the claimants’ claims were struck out. The claimants are seeking permission to appeal to the Supreme Court. Written by Rob Weir QC, barrister at Devereux Chambers, London, who is leading counsel for Brown.