The Law Reports (Queen's Bench Division)
[2003] QB 1008
Court of Appeal
Donoghue v Folkestone Properties Ltd and another
[2003] EWCA Civ 231
2003 Feb 11;
27
Lord Phillips of Worth Matravers MR, Brooke and Laws LJJ
Occupiers' liability
— Trespasser
— Harbour
— Claimant adult trespasser diving into harbour in mid-winter injured by striking submerged grid bed
— Owners and occupiers of harbour aware of trespassers diving in harbour at certain times of year
— Whether knowing or having reasonable grounds to believe that claimant might come into vicinity of danger
— Whether owing duty to claimant
—
Occupiers' Liability Act 1984 (c 3), s. 1(3)(b)(4)