HOUSE OF LORDS REFUSES TO GIVE TRESPASSER LEAVE TO APPEAL

Donoghue v Folkestone Properties Ltd [2003] EWCA Civ 231; [2003] QB 1008

The House of Lords ([2003] 1 WLR 2547) has refused the claimant leave to appeal from the decision of the Court of Appeal in Donoghue v Folkestone Properties Ltd [2003] EWCA Civ 231; [2003] QB 1008 (on which see our July 2003 issue, pp.10 –12). The refusal of leave to appeal is hardly surprising given the decision of the House of Lords in Tomlinson v Congleton Borough Council [2003] UKHL 47; [2003] 3 WLR 705 (on which see our September 2003 issue, pp.4–7) in which it was held that the defendant occupier did not owe a duty of care to the claimant trespasser where the risk of injury to the claimant was an obvious one.