Après Lounge Limited v Nicolle Wade
[2023] EWHC 190 (KB)
George David Clements-Siddall v Dunbobbin Hotels Limited
7 November 2023
[2023] EWCA Civ 1300
Court of Appeal
A pregnant woman fell at a hotel, hurting her baby. The judge said she fell on the stairs, not the unsafe deck, so the hotel wasn't at fault. The appeal court said the place she fell was agreed upon – the unsafe deck – so the hotel *was* at fault because it was dangerous.
Key Facts
- •On 1 January 2017, Dr. Clements fell while at the defendant's hotel, injuring her unborn child (the appellant).
- •The appellant's claim is based on the Congenital Disabilities (Civil Liability) Act 1976.
- •The trial focused on a preliminary issue: breach of duty.
- •The appellant argued the fall was from an unguarded raised decking area adjacent to a spa pool.
- •The judge found the fall occurred on the stairs leading to the spa pool, not the decking, dismissing the claim.
- •The judge also stated that if the fall had been from the decking, he would have found a breach of duty due to the lack of guardrail.
- •The appeal challenged the judge's finding on the location of the fall and the overall decision.
Legal Principles
Parties must clearly identify issues in litigation, allowing responses.
Al-Medeni v Mars UK Ltd [2005] EWCA Civ 1041
Trial judges can depart from pleaded cases if just, ideally with pleading amendment.
UK Learning Academy Limited v Secretary of State for Education [2020] EWCA Civ 370
Judges adjudicate on issues identified by parties, not conduct wider inquiries.
Al-Medeni v Mars UK Ltd [2005] EWCA Civ 1041
Adherence to identified issues prevents disorderly trials.
Dhillon v Barclays Bank [2020] EWCA Civ 619
Courts do justice based on parties' cases, not a wider truth-seeking function.
Sainsbury’s Supermarkets Ltd v MasterCard Inc [2020] UKSC 24
High bar to overturn trial judge's primary fact findings; must be 'plainly wrong'.
Staechelin v ACLBDD Holdings Ltd [2019] EWCA Civ 817
Occupiers' Liability Act 1957, section 2.4(b) regarding defenses.
Occupiers' Liability Act 1957
British Standard BS6180 regarding guardrail requirements for heights exceeding 600mm.
BS6180
Outcomes
Appeal allowed; judgment for appellant on breach of duty.
The judge wrongly considered the location of the fall, which was an agreed fact (fall from the raised decking). His reliance on unreliable evidence (the typed note) and flawed assessment of witness testimonies led to an incorrect finding.