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27, July 2022

Malcolm Henké

By Malcolm Henké

In this week’s edition of Insight, we report on the recent Court of Appeal ruling in the case of Brown v South West Lakes Trust and others. The Court of Appeal considered an appeal of the decision of His Honour Judge Gore QC (sitting as a Deputy High Court Judge). The decision considers liability under the Occupiers’ Liability Act 1984 in respect of claims from trespassers, the duty owed under the 1984 Act owed by landowners adjoining a highway and also highlights the consequences of failing to properly plead a claim.