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Ivor Cook v Swansea City Council 2017 - Joanne Pruden, Browne Jaconson LLP

20/02/18. In the case of Ivor Cook v Swansea City Council 2017 the Claimant slipped on ice in an unmanned car park owned and operated by a Local Authority which had not been gritted.

The Local Authority did not grit unmanned car parks and instead operated a reactive system, relying instead on reports from members of the public.

The Claimant argued that this reactive system was not sufficient and his accident would have been prevented if Council employees who attended the car park (to empty ticket machines or check tickets on cars) were required to report the icy conditions.

The Court at first instance found that the reactive system in place was sufficient. The Claimant appealed.

The Court of Appeal noted the duty under s2(2) of the Occupiers Liability Act 1957 which is to take reasonable steps to ensure the reasonable safety of visitors.

In considering what is ‘reasonable’, a balancing exercise has to be carried out as set out by the House of Lords in the case of Tomlinson v Congleton BC (2003). The exercise involved...

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