- Cited — Kanwarjit Singh Juj v John Lewis Partnership Plc 2023-12-21
“…t under a duty to protect or even warn against obvious dangers. Section 2(2) of the 1957 Act requires an assessment of the risk posed. Tomlinson v Congleton BC [2004] 1 AC 46, Edwards v Sutton [2016] EWCA Civ 1005. The assessment of risk under section 2(2) of the OLA 1957 will include the obviousness of the risk. The White Lion Hote…”
- Cited — Benjamin Michael Brown v South West Lakes Trust 2022-01-17
“…ed that the judge misinterpreted the provisions of the 1984 Act and the decision of the House of Lords in Tomlinson v Congleton Borough Council [2003] UKHL 47; [2004] 1 AC 46. Mr Weir drew a distinction between voluntary acts, such as diving into the water as in Tomlinson, and this case where Mrs Brown was an unintentional or inadve…”
- Applied — The White Lion Hotel (A Partnership) v James 2021-01-15
“…has either permitted him to do so, or not prevented him from so doing. In so doing the judge failed to apply the ratio of Tomlinson v Congleton Borough Council [2004] 1 AC 46, Edwards v Sutton London Borough Council [2016] EWCA Civ 1005 and Geary v JD Weatherspoon [2011] EWHC 1506 (QB).…”
- Cited — The White Lion Hotel (A Partnership) v James 2021-01-15
“…[2004] 1 AC 46…”
- Cited — The White Lion Hotel (A Partnership) v James 2021-01-15
“…Unlike the position in Tomlinson-v-Congleton BC [2004] 1 AC 46 (which I shall turn to in detail shortly) it is possible here to identify the state of the premises which carried the risk of the injury. The ability to fully …”
- Considered — Goldscheider v Royal Opera House Covent Garden Foundation 2019-04-17
“…Whether or not this alters the common law as laid down by the House of Lords in Tomlinson v Congleton BC [2004] 1 AC 46 (as to which there is an interesting discussion in Clerk and Lindsell on Torts, 22nd edition (2018), at 8-180), we do not consider that it assists the ROH. It …”
- Cited — Clay v TUI UK Ltd 2018-05-23
“… WLR 1082; Elizabeth Anne Webb v Barclays Bank Plc & Portsmouth Hospitals NHS Trust [2001] EWCA Civ 1141; Tomlinson v Congleton Borough Council [2003] UKHL 47, [2004] 1 AC 46; Attorney General of the British Virgin Islands v Hartwell [2004] UKPC 12, [2004] 1 WLR 1273; Corr v IBC Vehicles Ltd [2008] UKHL 13, [2008] 1 AC 884; Spencer …”