Lancashire County Council and Blackpool & Fylde College Corporation are awaiting the outcome of their challenge to a county court ruling that they breached the Occupiers’ Liability Act 1957.
Preston County Court held that the council and corporation were liable to pay damages to Jane Burke, a student at the Ansdell campus, who suffered injuries when, in February 1999, a stack of chairs fell on top of her in one of the college rooms.
John Gruffydd, counsel for the authorities, argued that there was no evidence to suggest that the chairs had been stacked by one of their employees, and that the county court judge had concluded that the chairs had been stacked by a student, in accordance with the college’s normal practice.
However, Simon Burrows, counsel for Miss Burke, argued that the authorities had a general duty under the Act to take reasonable care to ensure that the premises were reasonably safe.
The court has reserved judgment.
Burke v Blackpool & Fylde College and another Court of Appeal (Schiemann and Waller LJJ) 11 October 2001.
John Gruffydd (instructed by Napthen Houghton Craven, of Preston) appeared for the appellants; Simon Burrows (instructed by John Budd & Co, of Blackpool) appeared for the respondent.
PLS News 12/10/01
