Occupiers' liability

Practice notes

EL/PL claims in the portal—a practical guide (Stage 1)

This Practice Note provides an overview of the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims...

Produced in partnership with Sue Brown 15th Apr

Practice notes

Defences in occupier's liability claims

The following defences may be advanced by an occupier.Contributory negligenceThe Law Reform (Contributory Negligence) Act 1945 has application in...

Produced in partnership with Andrew Wilson 9th Apr

Practice notes

Unauthorised visitors—the duty of care

BackgroundThe Occupiers’ Liability Act 1957 (OLA 1957) had been enacted to provide for a common duty of care owed by occupiers of premises. The duty...

Produced in partnership with Andrew Wilson 9th Apr

Practice notes

Occupiers' liability—contractors, builders and landlords

Independent contractorsLiability for the negligence of independent contractorsSometimes premises will be left in a dangerous state as a result of...

Produced in partnership with Andrew Wilson 9th Apr

Practice notes

Fraud in personal injury claims—remedies and consequences

Duties and responsibilities of parties and legal advisersPleadings—CPRBy CPR 16.5(2), where a defendant denies an allegation set out in the...

Produced in partnership with Andrew Wilson 6th Apr

Q&As

Is there any case law relating to an employer's liability for failure to carry out a DBS check where a customer (or member of the public) has subsequently been injured by an employee who had a previous conviction for a similar offence?

We assume that the person injured by the employee is bringing a personal injury claim.We have been unable to find any case law on the specific point...

25th Mar

Practice notes

RTA, EL/PL and Package Travel protocols—consequential amendments to Part 36 offers to settle

This Practice Note only contains provisions effective from 6 April 2015 onwards for claims which have followed the RTA or EL/PL Protocol and from 7...

25th Mar

Q&As

In a portal claim, if the defendant increases their offer after the Court Proceedings Pack is sent to them, but within the 35-day consideration period are the claimants able to recover the stage 3 costs?

We have assumed for the purposes of this Q&A that the claimant has not issued a claim form to the court in accordance with CPR Part 8 and CPR PD 8B...

18th Mar

Precedents

Claimant’s Part 36 offer made when claim no longer proceeds under RTA or EL/PL protocol

Dear [insert organisation name]This offer is made pursuant to Part 36 CPRWe are instructed to put forward an offer which is made pursuant to Part 36...

18th Mar

Precedents

Defendant’s Part 36 offer made when claim no longer proceeds under RTA or EL/PL protocol

Dear [insert organisation name]This offer is made pursuant to Part 36 CPRWe are instructed to put forward an offer which is made pursuant to Part 36...

18th Mar

Practice notes

EL/PL claims in the portal—a practical guide (Stage 2 onwards)

This Practice Note aims to provide an overview of the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability)...

Produced in partnership with Sue Brown 3rd Mar

Practice notes

Fixed costs in employer liability and public liability claims

Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) ClaimsThe protocol applies to all claims where:•either...

3rd Mar

Practice notes

Occupiers’ liability claims—lawful visitors

BackgroundThe Occupiers’ Liability Act 1957 (OLA 1957) was enacted to provide for a ‘common duty of care’ owed by occupiers of premises. The duty was...

Produced in partnership with Andrew Wilson 3rd Mar

Practice notes

The Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims

The Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (the EL/PL protocol) applies to claims valued...

2nd Mar

Q&As

When giving away alcohol at a promotional event, is it possible to exclude liability for personal injury etc where this is as a result of the individual drinking too much alcohol? Or do the normal rules on excluding liability for death/PI etc not apply in such instances?

There are two components to this question: first, what is the effect of a notice excluding liability for death and personal injury; and second, what...

Produced in partnership with David Green of 12 King's Bench Walk 15th Feb

Q&As

Is there any case law on whether a defendant be liable for failing to grit/salt an area? In particular what reliance can be placed on historical weather data?

Defendants can be liable for failing to grit or salt an area, if the presence of snow and ice subsequently leads to personal injury. The nature of the...

Produced in partnership with Jamie Gamble of No5 Barristers Chambers 15th Feb

Q&As

A utilities company drainage system has an external above-ground box that rests on the boundary between public (local authority) and private (landlord and tenant) property. If this box were to cause an injury due to being improperly maintained, would the claimant have a right of action against the water company, the local council, or their landlord? Of these options, how would each be pursued and what defences would the respective parties have?

Often undeservedly, ‘trippers and slippers’ have a reputation as the simplest category of personal injury cases, to be used as the training ground for...

Produced in partnership with Peter Edwards of Devereux Chambers 15th Feb

Q&As

Do you have guidance on whether the owner of a property has a duty to ensure parts of their building do not fall on people? Do you know of any case law on this, eg where roof tiles or other objects have fallen from roofs and hit members of the public walking past?

The owner of a premises owes a number of potential duties in relation to ensuring that the condition of the premises do not cause personal injury.If...

Produced in partnership with Jamie Gamble of No5 Barristers Chambers 15th Feb

Q&As

Who is responsible for an occupier's liability claim when the accident occurred in premises subject to a lease? The tenant company had ceased trading before the accident and a new tenant company had not entered into a new lease agreement with the landlord.

This Q&A considers who may qualify as an occupier under the Occupiers’ Liability Act 1957 (OLA 1957).OLA 1957 contains no definition of an ‘occupier’....

15th Feb

Precedents