thought that propping up the boat and working on it was "an activity very different from normal play." In regard to the central finding by the judge that an accident of the type, which in fact occurred, was reasonably foreseeable, the reasons given in the Court of Appeal are less than satisfactory. They swivelled the boat round, and lifted the front end of the boat onto the trailer so as to be able to get under the boat to repair the hull. It was neither covered nor fenced around. •United Zinc & Chemical Co v Britt U.S. Supreme Court (Majority judgement).. •Jolleyv Sutton LBC 1 WLR 1082 The common duty of cares.2(2) “the visitor will be reasonably safe in using the premises for the purposes for which he or she is permitted or invited to be there”. A risk assessment would not have been able to prevent the collision. The trailer was by the side of the boat. Jolley v Sutton London Borough Council: HL 24 May 2000 An abandoned boat had been left on its land and not removed by the council. He therefore did not directly explain why on the evidence this finding was not open to the judge. On one occasion one of the boys put his foot through the structure. On 8 April 1990 Justin and Karl were underneath the jacked up boat working on it. The CA held that by building an eight-foot fence the council had taken such care as was reasonable so were . He claimed damages in tort from the council. On this difference of view the transcript could not help. In the early Summer of 1989 when he was 13 Justin and a friend, Karl Warnham, saw the boat when they were walking past the flats. The issue whether an accident of the particular type was reasonably foreseeable is technically a secondary fact but perhaps it is more illuminating to call it an informed opinion by the judge in the light of all the circumstances of the case. The Court of Appeal unanimously reversed the judge's conclusions on the merits and entered judgment for the council: Jolley v. Sutton L.B.C. And I do not regard what they did as so very different from normal play. The first is that appellate courts must examine with care the findings of fact which have been made by a trial judge. For the reasons which they have given I too would allow the appeal. Ps (children) played in it and the boat, which was rotten, collapsed causing them injuries. 2 boys aged 13 and 14 used a car jack to prop up the boat and repair it. The council accepted before the Court of Appeal "that it had been negligent, the negligence being a failure to remove the boat with its rotten planking, and that such negligence created the risk of the children climbing upon the boat and being injured by the rotten planking giving way beneath." It is not in conflict with The Wagon Mound (No. In Platt v Liverpool City Council 1997, a 14 year-old boy died when a derelict building collapsed on top of him. Sitting as a Deputy Judge. But the present law is that unless the injury is of a description which was reasonably foreseeable, it is (according to taste) "outside the scope of the duty" or "too remote.". Jolley v Sutton London Borough Council  3 All ER 409 HL (0 other reports) In Jolley v Sutton London Borough Council , the House of Lords confirms both that a special duty of care is owed to children and that the rules of foreseeability do not require … There must be reasonable foreseeability of a risk which a reasonable person would not ignore. It was placed on a grassed area where children played. which occurred in this case was reasonably foreseeable." Legal updates Non … *You can also browse our support articles here >. Reference, & Mackenzie Limited 1967 SC (HL) 73; Jolley v Sutton London Borough Council 2000 PIQR 136 per Lord, Co 1910 SC 546 at pages 548-549; McCaffery v Lanarkshire Tramways Co 1910 SC 797; Ross v Fife The House of Lords found for the claimant, affirming that only the kind of injury need be foreseeable, and not the specific outcome. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. was a matter of impression. Browne Jacobson home Insurance home Insights Legal updates Jolley v Sutton London Borough Council, House of Lords, 18 May 2000 Jolley v Sutton London Borough Council, House of Lords, 18 May 2000 ... At first instance Judgement was entered for the Claimant reduced by 25% contrib. But for the sustained argument of counsel for the London Borough of Sutton I would have regarded any contrary interpretation as unarguable. He cited extensively from the decision in the Privy Council in Overseas Tank (U.K.) Limited v. Morts Docks and Engineering Company Limited (The Wagon Mound)  A.C. 388 ("The Wagon Mound No. The boat was rotten and the council had put a warning on the boat, not to touch it and the owner needed to move it within 7 days however it was never taken away. Counsel for the borough submitted in the alternative that the judge erred in concluding that an accident of the type which occurred was foreseeable. 1546. In 1987, a boat and trailer were abandoned on the grounds of council flats (public housing) occupied by the council for the London Borough of Sutton (Council) (defendant). Was the defendant liable for the consequences of their negligent actions where, whilst a similar form of harm could be envisaged, the actual harm was not. [foreseeable] risk of injury": Jolley v Sutton Londonborough Council 1 WLR 1082 at page 1091 G-H, to Wallace v City of Glasgow District Council 1985 SLT 23; McQueen v Ballater Golf Club 1975, Scottish Borders Council  SCOH 163. The boat … In-house law team, The relevance of the extent and kind of remoteness of damage to the imposition of tortious liability. made an observation casting doubt on part of Lord Reid's speech in Hughes v. Lord Advocate  A.C. 837. In opening the appeal in the House counsel for Justin treated the concession as a trump card. observed, at p. 1556A: It will be necessary to examine these observations in the light of the judge's findings. An analysis of the judgments in the Court of Appeal. Watt v Hertfordshire County Council, the reasonable man can take a risk when the importance of the activity is high The judgment of Judge L.J. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. This limited concession seems to have had a considerable influence. Two general observations are, however, appropriate. Having heard the arguments I remain of the view that the judge's findings are crystal clear and to the effect I have described. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Complaints about the boat were made to the council by residents of the block of flats. . Viscount Simonds was in no way suggesting that the precise manner of which the injury occurred nor its extent had to be foreseeable. Very little needs to be said about the law. If it was it has close similarities to the case of ‘Young v Kent County Council’ where the Claimant was a 12 year old child who climbed on to the roof of the school buildings using the flue of an extractor fan attached to the side of the building. The test for causation in law is whether the result is apportioned Barnett but for Fairchild Hughes Jolley v Sutton liable materially increased negligent not liable reasonably foreseeable Smith thin skull type of damage unforeseeable Wagon Mound . When he came out he kicked over one of the lamps. Jolley v. Sutton London Borough Council. Although some courts have on occasion adopted a more restrictive approach, the decision of the Lords in Jolley v Sutton London Borough Council, suggests that the liberal approach is to be preferred. Judgement for the case Jolley v Sutton LBC. I have had the advantage of reading in draft the speech of my noble and learned friend Lord Steyn and I gratefully adopt his statement of the facts. It may explain why Lord Woolf M.R. he also gave reasons of his own. JOLLEY v SUTTON LBC (2000) Facts: The defendants (Sutton Council) owned a block of flats. In Jolley v Sutton London Borough Council  a derelict boat, which was left abandoned for at least two years beside a block of flats on council’s land, was found to have constituted an allurement and a trap, but these were not causes of accident. The judge's observation that play can take the form of mimicking adult behaviour is a perceptive one. The council therefore owed the plaintiff the "common duty of care" defined in section 2(2) of the Act: By way of further explanation, section 1(3) says that the relevant circumstances will include "the degree of care, and want of care, which would ordinarily be looked for in such a visitor" so that, for example, in proper cases: "
an occupier must be prepared for children to be less careful than adults
", It is also agreed that the plaintiff must show that the injury which he suffered fell within the scope of the council's duty and that in cases of physical injury, the scope of the duty is determined by whether or not the injury fell within a description which could be said to have been reasonably foreseeable. The boat and trailer were left exposed in an area where children played. And the council had an opportunity to put relevant evidence before the House in the statement of facts and issues.  1 W.L.R. referred to Mr. Hall in support of the view that the boat was a fairly heavy structure which it would not be easy to move or raise. It is no doubt the way in which counsel for Justin resisted the appeal in the Court of Appeal. For the reasons which he gives I would allow this appeal and remit the case to the Court of Appeal to consider any issue relating to the quantum of damages which that court is prepared to entertain. then explained his reasons for disagreeing with the judge,  1 W.L.R. Jolley v Sutton LBC  3 All ER 409 A boat was left abandoned for about 2 years on land owned by Ds. The uncontroversial background can be taken from the Statement of Facts and Issues. Jolley, R (on the application of) v London Borough Of Sutton v  EWCA Civ 1049 (19 June 1998) Post Author: editor; Post published: February 29, 2020; Post Category: INTERNATIONAL / U.K. Court of Appeal(CIVIL DIVISION) IN THE SUPREME COURT OF JUDICATURE QBENF97/0800/1. Accordingly, the boys pulled the boat off the trailer. By the type of accident which occurred he obviously meant the collapse of the propped up boat. If the conclusion of the Court of Appeal is to be sustained it can only be on the basis of the judgment of Lord Woolf M.R. But, comparing the facts of and outcomes of cases in this branch of the law is a misuse of the only proper use of precedent, viz to identify the relevant rule to apply to the facts as found. In any event, the point of difference between the judge and Lord Woolf M.R. Appeal from – Regina v London Borough of Sutton, ex parte Jolley CA 19-Jun-1998 The plaintiff, a boy, was injured when playing on a derelict boat left on council land. My Lords, I would restore the wise decision of Mr. Geoffrey Brice, Q.C., the Deputy High Court judge. 1") for authoritative recognition. Lord Woolf M.R. Lord Woolf M.R. As a result he is now a paraplegic. Justin Jolley, Plaintiff, and Karl Warnhamsaw the boat in the summer of 1989. Lord Woolf M.R. But it tended to divert attention from the real issue. Was the Court of Appeal entitled to disturb the judge's finding? v. Sutton London Borough Council : 18 May 2000 : Lafarge Redlands Aggregates Limited (Formerly Redland Aggregates Limited) v. Shephard Hill Civil Engineering Limited : 27 July 2000: Lancashire County Council v. Barlow and Another and One Other Action : 16 March 2000 : Miah and Others v. Khan (A.P.) In Jolley v Sutton LBC 1998, the HL held that the council was . In the Court of Appeal the council made an express but limited concession. Later, in February 1990, Plaintiff and Warnham chose to repair and paint the boat so that they could use it for themselves.At that time, Plaintiff was 14. It fell into the hole and caused an explosion. 20: ... in Jolley v Sutton London Borough Council  1 WLR 1082, 1091. Facts. I have had the advantage of reading in draft the speeches prepared by my noble and learned friends Lord Steyn and Lord Hoffmann. For my part the judge's reasons for that finding are convincing in the context of teenage boys attracted by an obviously abandoned boat. We also have a number of sample law papers, each written to a specific grade, to illustrate the work delivered by our academic services. So, in Hughes v. Lord Advocate  A.C. 837 the foreseeable risk was that a child would be injured by falling in the hole or being burned by a lamp or by a combination of both. And I would hold that the Court of Appeal was not entitled to disturb the judge's findings of fact. Hughes v. Lord Advocate starts from the principle accepted in The Wagon Mound No. Like my noble and learned friend Lord Steyn, I can see no inconsistency between anything said in The Wagon Mound No.1 and the speech of Lord Reid in Hughes v. Lord Advocate. It is also agreed that what must have been foreseen is not the precise injury which occurred but injury of a given description. The judge awarded damages in the sum of £621,710, together with interest: Jolley v. London Borough of Sutton 1 Lloyd's Rep. 433. He then fell through a sky light on the roof. IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE QUEEN’S BENCH DIVISION (MR … Upon appeal, the Court of Appeal overturned this decision, finding that although it was foreseeable that young children may be injured playing near the boat, it was not foreseeable that boys of the claimant’s age would attempt a full restoration of the vehicle. That statement I would accept. In Jolley v Sutton London Borough Council 1 WLR 1082 the House of Lords allowed the claimant’s appeal from the decision of the Court of Appeal (on which see our November 1998 issue, p12). Jolley v Sutton London Borough Council, House of Lords, 18 May 2000 Share Share Print remove content? Judge L.J. Jolley v Sutton London Borough Council  1 WLR 1082. At first instance the judge found for the claimant. To export a reference to this article please select a referencing stye below: Our academic writing and marking services can help you! The issue in this appeal is a very narrow one. 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