James v White Lion Hotel

Subject Matter

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

[2021] EWCA Civ 31; [2021] QB 1153; [2021] 2 WLR 911; [2021] WLR(D) 29, CA