The Court of Appeal has reversed a High Court ruling that dismissed a claim by a man who sued two councils for compensation for injuries he received when he dived into water at Brereton Heath Country Park, Congleton.
In May 1995 John Tomlinson dived into water at the site of a former quarry, despite notices warning that the water was dangerous and that swimming was prohibited. He struck his head on the bottom, and, as a result of the accident, was paralysed from the waist down.
He claimed that Congleton Borough Council and Cheshire County Council should have provided some protection by covering beaches with soil and planting reeds thereby making them unattractive to swimmers.
Allowing his appeal Ward LJ, found that although they had shown themselves to be “prudent and responsible”, the authorities were under a duty to the claimant to carry out landscaping and planting to deter swimming, as had been recommended by their own committee.
Tomlinson v Congleton Borough Council and another Court of Appeal (Ward, Sedley and Longmore LJJ) 14 March 2002.
William Braithwaite QC and Gerard Martin QC (instructed by Paul Ross & Co, of Manchester) appeared for the appellant; Raymond Machell QC and Patrick Field QC (instructed by James Chapman & Co, of Manchester) appeared for the respondents.
PLS News 15/3/02
