No liability for harbour owner

Man who went for a midnight swim in Folkestone harbour, hit his head on a submerged object, broke his neck becoming tetraplegic, sued the harbour owner. Judge said claimant had contributed to the accident by his own negligence and could receive only 25% of his damages. Harbour owner appealed. Court of Appeal ruled that the owner did not owe a duty to the claimant, who was trespassing, because the owner as occupier had no reasonable grounds for thinking that a trespasser would be swimming in the area at midnight in midwinter.