Our legal team here have been bringing to our attention the results of an
appeal from Tomlinson v Congleton Borough Council [2002].
Basically the lords found that an occupier is under no duty to protect
trespassers against ordinary and obvious dangers (in this case the tragic
incident of a teenager breaking their neck after diving into a lake).
Lord Hobhouse stated amongst a lot of other things that the law should not,
in seeking to protect the foolhardy few, unreasonably cut down the liberties
and amenities of the few
and
"Does the law require that all trees be cut down because some youths may
climb them and fall? ... The answer to this is, of course, no ..."
John
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