The Weekly Law Reports
[2021] 2 WLR 911
Court of Appeal
James
v
White Lion Hotel (a partnership)
[2021] EWCA Civ 31
2020 Nov 24, 25; 2021 Jan 15
King, Nicola Davies, Elisabeth Laing LJJ
Occupiers’ liability— “Common duty of care”— Visitor’s knowledge of danger— Guest falling from hotel window— Hotel pleading guilty to criminal offence under health and safety legislation— Whether hotel in breach of common duty of care— Whether finding of breach of duty inevitable given uncontested facts of criminal conviction— Whether guest’s knowledge and acceptance of risk precluding finding of breach of duty—
Occupiers’ Liability Act 1957 (c 31), s 2
—
Health and Safety at Work etc Act 1974 (c 37), ss 3, 47