British Railways Board v Herrington [1972] AC 877 www.elawresources.co.uk YouTube


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British Railways Board v Herrington [1972] AC 877 House of Lords. A six year old boy was electrocuted and suffered severe burns when he wondered from a play park onto a live railway line. The railway line was surrounded by a fence however, part of the fence had been pushed down and the gap created had been used frequently as a short cut to the.


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live chat. While an occupier does not owe the same duty of care to a trespasser which he owes to a visitor, he owes a trespasser a duty to take such steps as common sense or common humanity would dictate, to exclude or warn or otherwise, within reasonable and practicable limits, reduce or avert a danger. An electrified railway line owned by the.


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British Railways Board v Herrington. Upon Report from the Appellate Committee, to whom was referred the Cause British Railways Board against Herrington (A.P.) (an infant suing by his Mother and next friend Kathleen Louise Herrington), that the Committee had heard Counsel as well on Tuesday the 9th, as on Wednesday the 10th, Thursday the 11th.


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Cited - Kingzett v British Railways Board 1968 . . Cited - Latham v R Johnson and Nephew Ltd CA 12-Dec-1912 The defendants were owners of a plot of unfenced waste land from which old houses had been cleared. It did not adjoin any public highway, but was accessible by a path leading from the back of the house in which the plaintiff, a child.


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Case: British Railways Board v Herrington [1972] AC 877.. In part one of this two-part article Martin Littler discusses the arguments and findings in Carol Ravenscroft v Ikea Limited 'Had the claimant lost the case, the claimant may have lost more than the damages; the claimant was concerned at the loss of her own employment; had a finding.


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BRITISH RAILWAYS BOARD V. HERRINGTON (1972) JELR 87249 (HL) House of Lords • HL/PO/JU/4/3/1219 • 16 Feb 1972 • United Kingdom Coram. Lord Reid, Lord Morris of Borth-y-Gest Lord Wilberforce, Lord Pearson, Lord Diplock Judgement. Lord Reid. my lords, On 7th June 1965 the Respondent, then a child of six years old, wasplaying with other.


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1. An electrified railway line belonging to the defendants, the British Railways Board, runs through Mitcham in Surrey. There is a railway station at Mitcham Junction. The station-master is responsible for a two-mile stretch of this line between Mitcham Junction and Morden Road Halt. Part of this stretch is bounded on one side by Morden Hill.


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As in British Railways Board v Herrington [1972]. Most obviously trespassers, but also includes ramblers by virtue of s 1(4) of the OLA 1957. Defi ned negatively—'non-visitors'. As with the 1957 Act,˜the risk of injury must be due to the state of the premises rather than as a result˜of an activity on them (Revill v Newberry [1996]).


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The Defective Premises Act 1972—Defective Law and Defective Law Reform - Volume 34 Issue 1. but was less satisfactory after British Railways Board v. Herrington [1972] A.C. 877.Google Scholar. 80. 13 Occupiers' Liability Act 1957, s. 1 (4); Greenhalgh v. British Railways Board [1969] 2 Q.B. 286.Google Scholar. 14 14 Ashdown v.


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Part of a series of videos on the law created by www.e-lawresources.co.uk. Explains the facts of British Railways Board v Herrington [1972] AC 877 it's impo.


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When six-year-old Peter Herrington, from Love Lane, Mitcham, was seriously burnt on the railway line between Mitcham and Morden Road stations in June 1965, he made legal history. In our new Local History Notes 32: The Landmark Case of British Railways Board v Herrington, Alan Walker, senior lecturer in law at Nottingham Trent University.


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Legal Principles and Key Points. In the case of Herrington v British Railways Board [1972] AC 877, a distinguishment was made between the duty owed to a trespasser and a visitor; a trespasser is owed such duty that the occupier takes steps of common sense/humanity to reduce or avert danger by practicable means of warnings.


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It was suggested in argument that the case of British Railways Board v. Herrington , should be regarded as effecting a change in the nature of the common law duty owing by an occupier to a trespasser and therefore to a licensee, but like Mr. Justice Coffin, who delivered the reasons for judgment on behalf of the Appellate Division in the.


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May 19, 2023. British Railways Board v Herrington [1972] AC 877 is an English tort law case where the House of Lords departed from the previous decision in Addie v Dumbreck, holding that the defendant railway company owed a duty of care to trespassers, specifically to a six-year-old boy who suffered severe burns when he wandered onto a live.


Occupiers Liability Act 1984 Liability in relation to trespassers ppt download

British Railways Board v Herrington [1972] AC 877 Case summary overruling Addie v. Dumbreck [1929] AC 358 Case summary. 'Occupier' is given the same meaning as under the 1957 Act (S.1(2) OLA 1984). Since the Occupiers Liability Act 1984 applies to trespassers, a lower level of protection is offered. Hence the fact that death and personal injury.


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British Railways Board v Herrington [1972] AC 877 at 909, per Lord Morris; see also at 922-923, per Lord Pearson; at 941-942, per Lord Diplock; Penny v Northampton Borough Council (1974) 72 LGR 733 at 742, per Megaw W; at 744, per Stephenson LJ; J Mesher, 'Occupiers, Trespassers and the Unfair Contract Terms Act 1977' [1979] Conv 58 at 63.


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