“…ent in the House of Lords in Tomlinson v Congleton which reflected the approach of the Court of Appeal in Donoghue v Folkestone Properties [2003] EWCA Civ 231; [2003] QB 1008. Mr White and Mr Horne submitted that there was no risk of anyone suffering injury in the reservoir “by reason of any danger due to the state” of the reservoir…”
“…o children who were trespassers, see generally paragraphs 61 to 68 of the judgment of Brooke LJ in Donoghue v Folkestone Properties Limited[2003] EWCA Civ 231; [2003] QB 1008. In Tomlinson v Congleton Lord Hoffmann explained the background to the enactment of 1984 Act, which was based on the 1976 Law Commission report “on liability …”