BRACHERS Allis Beasley Partner, Property Litigation T: 01622 776454 AllisBeasley@brachers.co.uk Reco cogn gnit ition on 1
3 Issues: • Potential liability arising from public’s use of rights of way • Liability under Animals Act 1971: Williams v Hawkes [2017] EWCA Civ 1846 • Flexibility to change the route of public right of ways 2
Liability from use Occupiers Liability Acts 1957 and 1984: sliding scale Occupier’s liability Higher duty Lower duty Lowest duty ↑ ↑ ↑ Visitors Trespassers CROW Access Land 3
Duty to Visitors • Distinction between trespassers and visitors: • “ Duty to take such care as, in all the circumstances of the case, is reasonable to see that the visitor will be reasonably safe in using the premises for the purpose for which he was invited by landowner to be there ” 4
Duty to Trespassers • No automatic duty to trespassers - Show duty arose: – state of premises; or – something done there; and – caused injury – was landowner aware of danger? – knew trespassers near danger? – should offer protection against danger? • Difficult to establish breach which occurs due to natural environment 5
Countryside and Rights of Way Act 2000 (CROW) • O ccupier’s liability set at same lower level owed to trespassers, provided the visitor is only exercising the statutory right of access • Liability further reduced: introduces test of recklessness • no claim due to any natural feature or passing through gate/stile 6
Liability under Animals Act 1971 • Animal injures someone or causes damage: → likely to cause damage/injury; → severity of damage; → abnormal characteristics of the animal; and → characteristics were known; → negligence not needed – strict liability; → Williams v Hawkes [2017] EWCA Civ 1846 7
Simplification of Procedure to Vary/Extinguish Right of Way • Procedure time consuming and lacks certainty, particularly if an objection raised • Alternative route? • Easier to extinguish right of way? • More resources? 8
Is the sun setting – or rising? 9
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