Defences in occupier's liability claims

Produced in partnership with Andrew Wilson

Practice notes

Defences in occupier's liability claims

Produced in partnership with Andrew Wilson

Practice notes

The usual defences are available to a defendant such as limitation. A defendant may deny that it was in occupation or control of the premises or otherwise deny that it owed a duty of care to the claimant or that there was a breach of duty. The defendant may also argue that the claimant was not a lawful visitor in terms of the Occupiers’ Liability Act 1957 (OLA 1957) and that they were a trespasser and so the more limited duty was owed to the claimant under the Occupiers’ Liability Act 1984 (OLA 1984). Alternatively, the defendant may deny that the claimant was a visitor or a trespasser and allege that the claimant was using a public right of way and therefore no duty of care was owed under OLA 1957 and OLA 1984.

The following possible defences may also be advanced by an occupier.

contributory negligence

The Law Reform (Contributory Negligence) Act 1945 has application in cases brought under both OLA 1957 and OLA 1984. The occupier may allege that the visitor's injuries were caused or contributed

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Andrew Wilson

Consultant Solicitor

Andrew has more than 25 years’ experience of working in the fields of personal injury and occupational disease litigation, acting for both claimants and defendants. He trained at L Bingham & Co, gaining early experience in a number of important high profile claims involving the MIB. During the 1990s Andrew worked at Hextalls and then Kennedys, predominantly for defendants across a range of motor, employers’ liability and public liability matters many of which involved serious injuries or death. More recently, he has dealt with cases for claimants who have suffered serious injuries or occupational disease. He was a partner in a large specialist practice. He has provided seminars to solicitors and other legal professionals both for an external conference company and in house on the workings of the Civil Procedure Rules in the context of personal injury claims, amongst other subjects.

He has now set up his own legal consultancy, providing advice and support to solicitors, particularly a specialist London practice, in connection with fatal accidents and very serious injury cases such as brain injury, mostly in the High Court. He has continued to develop his education and training activities, providing seminars and contributing articles and commentaries to legal information services.

Since his training, Andrew has retained a particular interest in issues of motor indemnity and the operation of the Road Traffic Act and Article 75.

Jurisdiction(s):

United Kingdom

Key definition:

Defence definition

What does Defence mean?

The statement of case in which the defendant sets out the facts on which he relies in response to the particulars of claim.

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