Drink and liability

In Harvey (Jonathan) v Plymouth City Council [2010] EWCA Civ 860, the Court of Appeal overturned a ruling that a council had been liable (subject to a finding of contributory negligence on the part of the claimant) under the Occupiers' Liability Act 1957. The claimant had been drinking and had run on to the council's land, tripped over a broken chain link fence and fallen over a sheer drop onto a car park five metres below.

The claimant had an implied licence to be on the land for general recreational purposes but this did not extend to running across the land in the dark when under the influence of alcohol.

The decision was no doubt welcomed by the council. However, councils, and indeed other occupiers of land, should remain alert to their statutory duty of care as the decision does not sanction a general lowering of standards. This may involve conducting regular audits to be sure of what land is owned, how it is being used and by whom, and in what condition it is in. This is likely to be particularly difficult, but necessary, for those land owners who own or occupy a lot of land over a wide geographical area, particularly where it is in many parcels.