LANDOWNER NOT LIABLE FOR FAILURE TO PROVIDE SUPPORT

Holbeck Hall Hotel Ltd v Scarborough Borough Council (unreported, 22 February 2000)

In Holbeck Hall Hotel Ltd v Scarborough Borough Council, Unreported, Court of Appeal, 22 February 2000 the Court of Appeal allowed the defendants’ appeal against the finding of Judge Hicks QC (see our September 1998 issue, p1) that they were liable to the claimants in negligence for failing to take reasonable steps to reduce a hazard to the claimants’ premises arising out of the state of their own land. While the Court of Appeal accepted that the defendants did indeed owe a measured duty of care to the claimants it was held that, on the facts of the case, they were not liable because the defect in the land was latent and was such that neither party could reasonably foresee the full extent of the danger or likely damage.