Tomlinson v Congleton Borough Council
Encyclopedia
Tomlinson v Congleton Borough Council [2003] UKHL 47 is a 2003 court case in England
from the House of Lords
regarding the tort
s of negligence
and occupiers' liability (the latter regarding the Occupiers' Liability Act 1984
).
It was a landmark case that has been regarded as an attempt to stem the development of a "compensation culture" in the UK.
, after which it proceeded to the Court of Appeal of England and Wales
. In the latter case, the Lords Justice of Appeal held in favour of Tomlinson, the claimant. However, this decision was reversed by the House of Lords
.
, John Tomlinson (then aged 18), visited an artificial lake, part of a country park in Brereton, Cheshire
in the borough of Congleton
with his friends. While there, Tomlinson dived into the water and hit his head on the sandy bottom, leaving him tetraplegic
as a result of a break to the fifth vertebra of his neck.
He subsequently brought proceedings against Congleton Borough Council under the Occupiers' Liability Act 1984
(as a trespasser), claiming for loss of earnings, loss of quality of life and the cost of the care he would require as a result of his injuries.
However, it was the counter argument of the council that he ceased to become a visitor ('57 Act) once he entered the lake as he entered an area (a lake) that was out of bounds to him (see Hillen v ICI (Alkali) Ltd [1936] AC 65, p69).
The claimant contended that he was, on the grounds that the council met the conditions of subsection 3 of the '84 Act and that they were aware of the ineffectiveness of the warning signs.
Accordingly, the question became whether or not the claimant was owed a duty under the '84 Act. The council contended that they had taken measures to prevent people from swimming in the lake including warning signs and park ranger patrols. There were still concerns from the council that despite "every reasonable precaution had now been taken, but it was recognised that some foolhardy persons would continue to put their lives at risk.".
Following a number of near-death incidents involving attempted-swimming by drunk visitors, the council eventually began to remove the attractive features of the lake to discourage visitors from venturing close to it. It was at this point that Mr Tomlinson, decided to dive into the lake. The council argued that they had done everything reasonably possible to ensure the safety of visitors and the lake itself was not the danger, so much as the disregard to warnings and the actions of the public.
This argument was upheld by Lords Nicholls and Hoffmann in the statement:
Eventually, after a lengthy report, the council's argument was accepted and their appeal was allowed on two key grounds:
Lord Hobhouse
stated on the second point:
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
from the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
regarding the tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
s of negligence
Negligence
Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
and occupiers' liability (the latter regarding the Occupiers' Liability Act 1984
Occupiers' Liability Act 1984
The Occupiers' Liability Act 1984 is an Act of the Parliament of the United Kingdom that covers occupiers' liability for trespassers. In British Railways Board v Herrington 1972 AC 877, the House of Lords had decided that occupiers owed a duty to trespassers, but the exact application of the...
).
It was a landmark case that has been regarded as an attempt to stem the development of a "compensation culture" in the UK.
Litigation
The case originated in the High Court of JusticeHigh Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
, after which it proceeded to the Court of Appeal of England and Wales
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
. In the latter case, the Lords Justice of Appeal held in favour of Tomlinson, the claimant. However, this decision was reversed by the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
.
Facts
In May 1995, the claimantPlaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
, John Tomlinson (then aged 18), visited an artificial lake, part of a country park in Brereton, Cheshire
Brereton, Cheshire
Brereton is a civil parish, containing the hamlet of Brereton Green in the unitary authority of Cheshire East and the ceremonial county of Cheshire, England. It also contains the hamlets of Brereton Heath and Smethwick Green. According to the 2001 census, the population of the entire civil parish...
in the borough of Congleton
Congleton
Congleton is a town and civil parish in the unitary authority of Cheshire East and the ceremonial county of Cheshire, England, on the banks of the River Dane, to the west of the Macclesfield Canal and 21 miles south of Manchester. It has a population of 25,750.-History:The first settlements in...
with his friends. While there, Tomlinson dived into the water and hit his head on the sandy bottom, leaving him tetraplegic
Quadriplegia
Tetraplegia, also known as quadriplegia, is paralysis caused by illness or injury to a human that results in the partial or total loss of use of all their limbs and torso; paraplegia is similar but does not affect the arms...
as a result of a break to the fifth vertebra of his neck.
He subsequently brought proceedings against Congleton Borough Council under the Occupiers' Liability Act 1984
Occupiers' Liability Act 1984
The Occupiers' Liability Act 1984 is an Act of the Parliament of the United Kingdom that covers occupiers' liability for trespassers. In British Railways Board v Herrington 1972 AC 877, the House of Lords had decided that occupiers owed a duty to trespassers, but the exact application of the...
(as a trespasser), claiming for loss of earnings, loss of quality of life and the cost of the care he would require as a result of his injuries.
Judgment
Tomlinson contended that the council owed him a duty under the '84 Act as the premises were not reasonably safe for his use (S.1(1) '84 Act), claiming that there had not been adequate warning of the dangers of diving in the water.However, it was the counter argument of the council that he ceased to become a visitor ('57 Act) once he entered the lake as he entered an area (a lake) that was out of bounds to him (see Hillen v ICI (Alkali) Ltd [1936] AC 65, p69).
The claimant contended that he was, on the grounds that the council met the conditions of subsection 3 of the '84 Act and that they were aware of the ineffectiveness of the warning signs.
Accordingly, the question became whether or not the claimant was owed a duty under the '84 Act. The council contended that they had taken measures to prevent people from swimming in the lake including warning signs and park ranger patrols. There were still concerns from the council that despite "every reasonable precaution had now been taken, but it was recognised that some foolhardy persons would continue to put their lives at risk.".
Following a number of near-death incidents involving attempted-swimming by drunk visitors, the council eventually began to remove the attractive features of the lake to discourage visitors from venturing close to it. It was at this point that Mr Tomlinson, decided to dive into the lake. The council argued that they had done everything reasonably possible to ensure the safety of visitors and the lake itself was not the danger, so much as the disregard to warnings and the actions of the public.
This argument was upheld by Lords Nicholls and Hoffmann in the statement:
Eventually, after a lengthy report, the council's argument was accepted and their appeal was allowed on two key grounds:
- The claimant's injuries were not due to the "state of the premises"
- The grounds of public policy (law)Public policy (law)In private international law, the public policy doctrine or ordre public concerns the body of principles that underpin the operation of legal systems in each state. This addresses the social, moral and economic values that tie a society together: values that vary in different cultures and change...
holding that, to decide in the claimant's favour would discourage the council from providing facilities for individuals to enjoy themselves
Lord Hobhouse
John Hobhouse, Baron Hobhouse of Woodborough
John Stewart Hobhouse, Baron Hobhouse of Woodborough, PC , was a British judge and Law Lord.He was born in Mossley Hill, Liverpool. He was educated at St Andrew's, Pangbourne, and Eton. After working abroad in Australia and New Zealand on a sheep farm, Hobhouse returned to Christ Church, Oxford in...
stated on the second point:
Reception
The ruling was considered landmark as it stated that individuals must take responsibility for their own actions. It was seen as attempting to stem a "compensation culture" that was perceived to be growing in the UK, but which some say are exaggerated and that the law will protect potentially risky but "useful activities"See also
- Occupiers' liability (English law)Occupiers' liability (English law)Occupiers' liability is a field of tort law, codified in statute, which concerns the duty of care that those who occupy real property owe to people who visit or trespass. It deals with liability that may arise from accidents caused by the defective or dangerous condition of the premises...
- Occupiers' Liability Act 1957Occupiers' Liability Act 1957The Occupiers' Liability Act 1957 is an Act of the Parliament of the United Kingdom that covers occupiers' liability. The result of the Third Report of the Law Reform Committee, the Act was introduced to Parliament as the Occupiers' Liability Bill and granted the Royal Assent on 6 June 1957,...
- Occupiers' Liability Act 1984Occupiers' Liability Act 1984The Occupiers' Liability Act 1984 is an Act of the Parliament of the United Kingdom that covers occupiers' liability for trespassers. In British Railways Board v Herrington 1972 AC 877, the House of Lords had decided that occupiers owed a duty to trespassers, but the exact application of the...
- Donoghue v Folkestone Properties LtdDonoghue v Folkestone Properties LtdDonoghue v Folkestone Properties Limited is an English court case heard in the Court of Appeal of England and Wales concerning the tort of occupiers' liability from the Occupiers' Liability Act 1984.-Litigation:...