Donoghue v Folkestone Properties Ltd

Subject Matter

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, s 1(3)(b)(4)

[2003] EWCA Civ 231; [2003] QB 1008; [2003] 2 WLR 1138; [2003] 3 All ER 1101, CA

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