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Lord Toulson
121 As to the argument that imposition of the interveners liability
principle should improve the performance of the police in dealing
with cases of actual or threatened domestic violence, the court
has no way of judging the likely operational consequences of
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changing the law of negligence in the way that is proposed. Mr Bowen and Ms Monaghan were critical
of statements in the Hill case [1989] AC 53 and other cases that the imposition of a duty of care would
inevitably lead to an unduly defensive attitude by the police. Those criticisms have force. But the
court would risk falling into equal error if it were to accept the proposition, on the basis of intuition,
that a change in the civil law would lead to a reduction of domestic violence or an improvement in
its investigation. Failures in the proper investigation of reports of violence or threatened violence can
have disciplinary consequences (as there were in the present case), and it is speculative whether the
addition of potential liability at common law would make a practical difference at an individual level
to the conduct of police officers and support staff. At an institutional level, it is possible to imagine
that it might lead to police forces changing their priorities by applying more resources to reports of
violence or threatened violence, but if so, it is hard to see that it would be in the public interest for the
determination of police priorities to be affected by the risk of being sued.
122 The only consequence of which one can be sure is that the imposition of liability on the police
to compensate victims of violence on the basis that the police should have prevented it would have
potentially significant financial implications. The payment of compensation and the costs of dealing
with claims, whether successful or unsuccessful, would have to come either from the police budget,
with a corresponding reduction of spending on other services, or from an increased burden on the
public or from a combination of the two.
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13:00 14:30 The lecture uses examples from Past Papers to increase student
awareness of how the knowledge based material in the Guide,
Wolfson Conference Topic 16, can be tested in examinations.
Suite Learning Outcomes
explain which entrants into private premises are lawful
visitors and which are not
understand how the relevance of warning signs and fences in
the assessment of the duty of care owed by occupiers to lawful
visitors under the Occupiers Liability Act 1957 (lawful visitors)
and to trespasser under the Occupiers Liability Act 1984
understand the relevance of the children in the context of
occupiers liability claims.
Student preparation:
Essential:
Knowledge: It is essential that students read Topic 16 of the Study
Guide before attending the session as the lecture is not a general
lecture on everything about the topic.
Most of the cases referred to in the lecture are also referred to in
the Study Guide.
Skills: It is essential that students read Chapter 11, Answering
Problem Questions in Askey and McLeods Studying Law, or an
equivalent alternative chapter in a similar book, if they are still
not familiar with the approaches to structuring a response to
questions in this format.
The Lecture
The format of the lecture is a slide presentation which explains to students how to spot common
issues in occupiers liability in problem scenario question formats. Slides included in the Study Pack are
indicatory and may be adjusted on the d
The Quiz
Students are invited to form teams to participate in a quiz. All questions are related to the topic of
Occupiers Liability. A small prize will go to the winning team. In addition to the fun element of the quiz,
students can self-assess their understanding as compared to their peers and to identify any gaps in
their knowledge.
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Tutorial Resources
Examples from Past Papers
The Examples used in the lectures are taken from Past Paper problem questions. The full text of the
questions is included below. It may be helpful to read through these scenarios before the lecture.
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Jesse began to feel very unwell and Felicity took him back to the caravan. Robert and Maria had
returned from their lunch and Maria decided to give Jesse a bath and put him to bed to rest and recover
from what she believed was the effects of eating too many berries. Maria knew that the hot taps on the
bath were defective but did not realise how serious the fault was. The hot water spurted out and Maria
was badly scalded. Jesse died during his sleep and it was discovered that the fruit which he consumed
was poisonous.
Advise all parties as to their rights and liabilities under the Occupiers Liability Acts 1957 and 1984.
References
Below is a non-exhaustive list of standard cases which are commonly referenced in the Examiners
Report discussion on suitable materials to use when answering this topic.
British Railways Board v Herrington (1972) Trespasser duty of common humanity
Ratcliffe v McConnell (1999) defence of volenti duty to trespasser
Tomlinson v Congleton Borough Council (2003) duty to trespasser - public policy arguments
Wheat v Lacon & Co Ltd [1966] AC 552 who is the occupier?
Cunningham v Reading Football Club Ltd [1992] PIQR P141 common duty of care -occupier liable
to police failure to take precautions violent supporters injured police with concrete loosened
from the terraces.
Children
Glasgow Corporation v Taylor (1922) allurement poison berries case
Pearson v Coleman Bros [1948] child mauled by lion in zoo prohibited area inadequately
marked off
Phipps v Rochester Corporation (1955) responsibility of parents
Simkiss v Rhondda BC (1983) responsibility of parents
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Journal Articles
William Norris QC, Quintin Fraser, Occupiers liability: issues arising in recent case law, J.P.I. Law 2015,
2, 71-79
Accessed on Westlaw
This article overviews most recent judgments under the following headings:
Tomlinsonand the state of the premises
Trespassers on roofs
The terrible dangers of low walls and railings
An occupiers liability for independent contractors
Watch the ball, please
Paddling pools
A search of the topic on the online databases produces many Case Comment articles.
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Session Four Lecture Four
14:45 16:15 Defamation is a tort which allows claimants to take legal action
against wrongful attacks to their reputation. Technological
Wolfson Conference advances in the way in which we communicate and access
Suite information presents challenges to the law of defamation,
particularly as defamatory statements on internet sites such as
Google, Facebook, Twitter can be posted and reposted, allowing
quick access to information and broad access.
Claimants often experience great difficulty in using the complaint
process to have the statement removed. The impact is that the
defamatory statement may have been read by many people not
just in the country of publication but around the world.
Defendants may experience difficulty in controlling the content
and dissemination of information posted and reposted on their
online platforms. This difficulty presents major legal challenges
in the law of defamation. However, one of the main defences
available to the operators of websites is that of the defence of
innocent dissemination, s. 5 of the Defamation Act 2013. In short, it
provides website operators a framework to prove that they are not
to blame for the injury caused.
However, the defence will be defeated if claimants can show that
it was impossible to discover the original poster, that they gave
notice of complain to the operators and they failed to respond.
The lecture theme is liability in defamation and the impact of
advances in modern technology. In the introduction of the lecture,
A brief overview, the evolution of legal tests used to determine
whether a statement is defamatory is presented. The second
section of the lecture Changing Societal Contexts advances the
discussion to the issue of defamation in the age of the internet,
drawing on recent case law involving defendants such as
Facebook, Google and Twitter. The third section Academic debate
overviews a selection of academic publications which discuss
conceptual frameworks of discussion.
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Learning Outcomes
Understand the liability in defamation of social media sites as an area of growing interest
Understand how to use academic materials in essays
Student preparation:
Essential:
Knowledge: It is essential that students read Topic 19 and Topic 20 of the Study Guide before attending
the session as the lecture is not a general lecture on everything about defamation. Most of the cases
referred to in the lecture are also referred to in the Guide.
Skills: It is essential that students read Chapter 10, Answering Essay Questions in Askey and McLeods
Studying Law, or an equivalent alternative chapter in a similar book, if they are still not familiar with
the approaches to structuring an essay.
Suggestions not compulsory
1. Students who wish to listen overview lectures on Defamation can access previous Regional Revision
lectures on VLE module page, currently stored under VLE Additional Resources, Recorded Lectures.
There are also some MCQS on the topic in the Quiz, Tort Law Assessment 3.
2. Students who intend to concentrate on the topic of Defamation in their revision preparation should
also complete all the Core Comprehensions and Applied Comprehensions in Guide Topic 19 and 20
at their own pace prior to the examination.
The Lecture
A traditional lecture with a slide presentation will last approximately 45 minutes. Slides included in the
Study Pack are indicatory and may be adjusted on the day. Questions will be taken at the end of the
lecture or at appropriate intervals in the lecture, time allowing. It is usual practice that the Regional
Revision lectures are recorded and made available on the VLE prior to the examination.
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Learning Outcomes
By the end of the workshop you should feel more confident in formulating:
formulating an Introductory paragraph stating your understanding of the question, and
definitions of any key concepts you are being asked to discuss.
Identifying key issues, explaining what they mean and using cases to explain how the law is
applied.
Understanding how to include academic discussion in your essay.
References
Below is a non-exhaustive list of standard materials which may be referred to in the lecture.
Extracts from the Defamation Act 1996 and the Defamation Act 2013 are provided for ease of reference
at the end of this document, but can also be accessed online and in the Core Textbook.
Cases
Bunt v Tilley [2007] 1 WLR 1243
ISP passive role in publication not publisher at common law
http://www.bailii.org/ew/cases/EWHC/QB/2006/407.html
Godfrey v Demon Internet Ltd [2001] QB 201
s.1 defence DFA 1996 failed- ISP failure to remove defamatory statement after being informed and
receiving request to remove it
http://www.bailii.org/ew/cases/EWHC/QB/1999/244.html
Metropolitan International Schools Ltd v Designtechnica Corporation, Google UK and Google Inc
[2009] EWHC 1765 (QB)
Concept of a search engine - Contains useful overview of the legal framework at the time.
http://www.bailii.org/ew/cases/EWHC/QB/2009/1765.html
McAlpine v Bercow [2013] EWHC 1342 (QB)
Whether a Tweet was defamatory the test of reasonableness
http://www.bailii.org/ew/cases/EWHC/QB/2013/1342.html
Tamiz v Google Inc [2013] EMLR 308
Issue Active rather than passive involvement in a publication
http://www.bailii.org/ew/cases/EWCA/Civ/2013/68.html
Lecture resources
Extracts:
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(a) the extent of his responsibility for the content of the statement or the decision to publish it,(b) the
nature or circumstances of the publication, and (c) the previous conduct or character of the author,
editor or publisher.
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