Search found 319 matches

by petal
Thu Apr 28, 2016 6:56 pm
Forum: General Topics
Topic: FAQ : Occupiers Liability
Replies: 17
Views: 16144

Re: FAQ : Occupiers Liability

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 d...
by petal
Thu Apr 28, 2016 5:48 pm
Forum: General Topics
Topic: FAQ : Occupiers Liability
Replies: 17
Views: 16144

Re: FAQ : Occupiers Liability

details are sketchy (eg details of court order/ costs/consequences has not been revealed) There is nothing sketchy about the details, they are all there, court order, costs, events before and after, everything, but by your own admission, you have chosen not to read about them instead suggesting tha...
by petal
Thu Apr 28, 2016 4:05 pm
Forum: General Topics
Topic: FAQ : Occupiers Liability
Replies: 17
Views: 16144

Re: FAQ : Occupiers Liability

Nothing in law is clear cut and black and white I fully realise the law is not black and white having been personally experienced lengthy legal proceeding, which is why I asked if you thought things were as clear cut as you had implied. Because the law is not black and white is one of the main reas...
by petal
Thu Apr 28, 2016 4:01 pm
Forum: Rights of Way
Topic: Repair of right of way to a safe standard
Replies: 65
Views: 12196

Re: Repair of right of way to a safe standard

arborlad wrote:
petal wrote:What defines someone as an 'occupier'

In the context of this thread, it will not be you.
Thanks.
by petal
Thu Apr 28, 2016 2:37 pm
Forum: General Topics
Topic: FAQ : Occupiers Liability
Replies: 17
Views: 16144

Re: FAQ : Occupiers Liability

Is it really as clear cut as you suggest? "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 l...
by petal
Thu Apr 28, 2016 12:21 pm
Forum: General Topics
Topic: FAQ : Occupiers Liability
Replies: 17
Views: 16144

Re: FAQ : Occupiers Liability

What defines someone as an 'occupier'
by petal
Tue Apr 26, 2016 10:00 pm
Forum: Rights of Way
Topic: Repair of right of way to a safe standard
Replies: 65
Views: 12196

Re: Repair of right of way to a safe standard

Coggy,
Thank you for your ideas and suggestions, they are certainly very constructive.

I need to discuss things with the others, I think it is very important that whatever is done, is done together and in agreement, but I will certainly convey what you have said.

Thanks
Petal.
by petal
Tue Apr 26, 2016 8:09 pm
Forum: Rights of Way
Topic: Repair of right of way to a safe standard
Replies: 65
Views: 12196

Re: Repair of right of way to a safe standard

Coggy, thank you for your questions, I will try and answer them as clearly as possible. How long have you lived at this property? Nearly 25 years. What was agreed concerning this right of way when you purchased? The right of way and the associated rights were very clearly defined in the property dee...
by petal
Tue Apr 26, 2016 6:58 pm
Forum: Rights of Way
Topic: Repair of right of way to a safe standard
Replies: 65
Views: 12196

Re: Repair of right of way to a safe standard

Why clandestine, when petal has the full right to do it openly and without subterfuge. She also wishes to avoid confrontation. Got it in one. History indicates the risk of physical violence is ever present. Even if there is no personal injury, it would result in the task failing to be completed. Wh...
by petal
Tue Apr 26, 2016 4:22 pm
Forum: Rights of Way
Topic: Repair of right of way to a safe standard
Replies: 65
Views: 12196

Re: Repair of right of way to a safe standard

I would hope nothing and that our police resources wouldn't be misused in this way. You currently have a drive which is difficult to use at night because it is uneven and poorly lit, making it more even and better lit will make it better for everyone that uses it on foot - nobody could find fault w...
by petal
Tue Apr 26, 2016 1:56 pm
Forum: Rights of Way
Topic: Repair of right of way to a safe standard
Replies: 65
Views: 12196

Re: Repair of right of way to a safe standard

Dear all, Once again, thank you all very much for your input to this problem, the usual interesting mix of practical, factual off-beat and gung-ho advice. As a result of all the very valuable contributions, I have now been convinced of the most appropriate course of action, which will be to do nothi...
by petal
Tue Apr 26, 2016 1:50 pm
Forum: Rights of Way
Topic: Repair of right of way to a safe standard
Replies: 65
Views: 12196

Re: Repair of right of way to a safe standard

I know fairness never comes into these sort of things, but I do feel a bit resentful about the potential of doing this at my cost and time, as our usage is is probably at most every other day with the car (which is a Mini), otherwise on foot (the dangerous bit).. ..............then just do sufficie...
by petal
Tue Apr 26, 2016 12:06 pm
Forum: Rights of Way
Topic: Repair of right of way to a safe standard
Replies: 65
Views: 12196

Re: Repair of right of way to a safe standard

I can only offer this further advice because I know where you live, but if it were me living there I would have created a separate entrance to my frontage a long time ago. Creating a parking space for a mini on the frontage would resolve most of the problems associated with using the private road l...
by petal
Tue Apr 26, 2016 11:48 am
Forum: Rights of Way
Topic: Repair of right of way to a safe standard
Replies: 65
Views: 12196

Re: Repair of right of way to a safe standard

Seems improbable I am sorry you doubt my statement, but as I mentioned right at the beginning of the thread on the bad side there is a brother and a sister, and on the good side there are two brothers, and they do not speak to each other, and have not done so for two years now. There are still accu...
by petal
Tue Apr 26, 2016 11:33 am
Forum: Rights of Way
Topic: Repair of right of way to a safe standard
Replies: 65
Views: 12196

Re: Repair of right of way to a safe standard

Hi Pilman, good to hear from you, and thank you for your very valid comments, which essentially I agree with. I know fairness never comes into these sort of things, but I do feel a bit resentful about the potential of doing this at my cost and time, as our usage is is probably at most every other da...