The proprietors of Folkestone Harbour today won a test-case challenge to a High Court ruling that they were 25% liable, under the Occupiers’ Liability Act 1984, for an incident in which a man dived into the harbour and struck his head upon a submerged wooden grid pile.
Although the court sympathised with John Donoghue, who suffered injuries in the incident that left him tetraplegic, the judges ruled that Donoghue was not entitled to damages.
Lord Phillips MR found that Folkestone Properties had owed “no duty of care” to Donoghue.
Donoghue v Folkestone Properties Ltd and another Court of Appeal (Lord Phillips MR and Brooke and Laws LJJ) 27 February 2003.
Lawrence West (instructed by Eversheds, of Cardiff) appeared for the appellants; Bill Braithwaite QC (instructed by Cunningham John, of Thetford) appeared for the respondent.
References: PLS News 27/2/03
