OCCUPIER LIABLE TO CHILD FOR INJURIES SUSTAINED

Jolley v Sutton London Borough Council [2000] 1 WLR 1082

In Jolley v Sutton London Borough Council [2000] 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). In doing so, it established two points of general significance. The first is that appellate courts must examine with care the findings of fact which have been made by a trial judge. The second is that, when deciding whether or not the damage which has occurred was reasonably foreseeable, regard should be had to the facts and circumstances of the individual case and too much weight should not be given to precedents which might be analogous to the facts in hand.