Donoghue v Folkestone Properties [2003] QB 1008

Facts:

  • C dived into the sea at Folkestone Harbour. He hit his head on a submerged object, causing him serious injuries.
  • His original claim was under the 1957 Act, but after conceding that he was a trespasser he was under the 1984 Act.

 Ratio:

  • At the time C sustained his injury, D had no reason to believe that he or anyone else would be swimming from the slipway and the criteria set out in s.1(3)(b) was not satisfied and no duty of care arose.

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