Occupiers’ liability

Dean and Chapter of Rochester Cathedral v Debell [2016] EWCA Civ 1094

Counsel: For the appellant: Ronald Walker QCFor the respondent: David Pittaway QC, Robert PercivalSolicitors: For the appellant: Plexus LawFor the respondent: Davis, Simmonds & Donaghey

The Court of Appeal has held that a cathedral was not liable in negligence for personal injuries sustained by a pedestrian who had tripped and fallen over a small piece of concrete while walking within its precincts. The nature of the risk did not pose a real danger to pedestrians, and the trial judge had misdirected himself and failed to apply correctly the foreseeability test.