FAQ : Occupiers Liability

This forum is for Garden Law problems that don't fit into the other categories. Please treat it with respect.

Moderator: Angelisle

Re: FAQ : Occupiers Liability

Postby petal » Thu Apr 28, 2016 6:56 pm

So the law is black and white then!

However it isn't, and judges don't rely on dictionaries. Their purpose is to interpret the law as it stands, and make a judgement accordingly.

However, if I may return to my original and unanswered point.

"Neither Occupiers' Liability Act defines "occupier". The definition must be sought in case law. The currently applicable test for the status of "occupier" is the degree of occupational control. The more control a person has over certain premises, the more likely that person is to be considered "occupier" for the purposes of the two Occupiers' Liability Acts."

There is no definition in law of what constitutes an 'occupier'. As the statement says , the 'definition must be sought in case law', so as usual, the reason for asking questions on this forum is, does anyone know of any case law that may give guidance?

How do you define the degree of occupational control? If the dominant tenement is prevented from keeping the right of way safe, does he have any 'occupational control', and how much liability can he be assumed to have. Surely this is the key, not specifically whether anyone is an 'occupier' or not?

If this were a normal neighbourly situation, I would probably agree that the dominant tenement would be liable, however this is not a normal neighbourly situation which is why questions are being asked.
User avatar
petal
 
Posts: 320
Joined: Mon Oct 13, 2008 1:39 pm
Location: Bedfordshire

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: FAQ : Occupiers Liability

Postby duvet » Thu Apr 28, 2016 8:35 pm

petal

having read your other thread. and having made a point about the difficulty in identifying who would be negligent.
there may be more than one "occupier" who is negligent and there may be other third parties who are negligent too.
duvet
 
Posts: 217
Joined: Sun Dec 23, 2012 11:52 am

Re: FAQ : Occupiers Liability

Postby haradan » Wed Jun 01, 2016 12:12 am

Any views on this scenario...

Owner of drive tells owner of dominant tenement the ROW not safe for types of vehicle one of his lessees will use to get to the bit if his land they've just leased. Dominant tenement ignores this warning & permits people to whom he's leased a parcel of his land to use the ROW. One of lessees vehicles injures a completely innocent third party...who is liable under The Occupiers Liability Act?
haradan
 
Posts: 36
Joined: Sun Jun 22, 2014 12:42 pm

Previous

Return to General Topics

Who is online

Users browsing this forum: No registered users and 4 guests