Chapter 15Business propertypool and, although it was mid-December and
freezing cold, James decided that he would like a
swim to clear his head. The park was closed and the
gates locked but James climbed over them and went
to the pool. It too was locked and there were notices
saying it was closed for the winter season. James
ignored these notices and climbed over the gates to
the pool and dived in. The pool had been drained for
the winter and James was severely injured. Two
nights after this incident Jane, a six-year-old child,
climbed the gates of the park in the early evening
after the park was closed and was injured when she
fell off a swing.
James and Jane are bringing claims against
Barchester Council for their injuries as occupiers
of the park and its facilities.
Advise the council as to its potential liability to
James and Jane.3 Jane Smith is in her final year at Southtown High
School where she is studying for eight GCSEs. During
her time at the High School Jane has been mistaken
for another pupil, Jayne Smith. Jayne Smith is a
troublesome pupil who has been suspended on a
number of occasions for poor behaviour. Jane
Smith is a ‘model’ student and is predicted to
achieve good grades in her GCSEs. Jane applies
to her local FE college to study A-levels and is
interviewed for a place. She is very disappointed
when she receives a letter to say she has been
rejected. She believes that the head teacher of
the High School may have provided a reference
for Jayne Smith rather than for herself and this
has adversely affected her chances of obtaining
a place. Jane would like to obtain the following
information:
(a)a copy of her personal reference provided by
the head teacher of the High School;
(b)the reasons for the Sixth Form College’s
rejection of her application;
(c)the Sixth Form College’s admissions policy.
Advise Jane.451
http://www.dca.gov.ukThe Department for Constitutional
Affairs is responsible for changes in property law. It is one
of the best websites for a great many types of interest:
consultation papers, White Papers, Green Papers, etc.,
in connection with reforms such as commonhold and
leasehold reform.
http://www.lawcom.gov.ukThe Law Commission is also
a useful site in regard to its proposals for property law
reform.
http://www.ipo.gov.ukThe Patent Office website provides
information about intellectual property rights and current
developments in this area.
http://oami.eu.intThis is the website for the EU’s Office
for Harmonisation in the Internal Market in respect of
Trade Marks and Designs.
http://www.ico.gov.ukThe Information Commissioner’s
website provides information about the Data Protection
Act 1998 and the Freedom of Information Act 2000.Website references
Visit http://www.mylawchamber.co.uk/riches
to access selected answers to self-test questions in the
book to check how much you understand in this chapter.Use Case Navigatorto read in full some of the key cases
referenced in this chapter:
Tomlinson v Congleton Borough Council and another [2003]
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