SCHOOL OF LAW
Tel : 353 1 896 2367; Fax 353 1 677 0449;
email: catherine.finnegan at tcd.ie/mccabek at tcd.ie
OCCUPIERS' LIABILITY: A 2007 UPDATE
Date: Wednesday, 28 FEBRUARY 2007: 6 - 9 pm
Venue: The MacNeill Theatre, Hamilton Building, Trinity College Dublin
[ ABOUT THE CONFERENCE ] [ KEY ISSUES ] [ PROGRAMME ]
[ SPEAKERS ] [ RESERVATIONS ] [ FEES ] [ CPD HOURS ]
After a fairly slow start, the Occupiers’ Liability Act 1995 has in recent years generated a great volume of litigation, from the Circuit Court to the Supreme Court. The conference will examine all of the significant judgments that have been handed down, including the recent judgment of the Supreme Court in Raleigh v Iarnrod Eireann, December 2006, overturning a High Court award in favour of an injured trespasser.
Several key issues arise in relation to occupiers’ liability. They include the following:
What duty is owed to children who are on premises when under the control of adults? (Coffey v Moffit t/a Moffit’s Shoes, Circuit Ct, McMahon J, 17 June 2005).
What is the scope of the contributory negligence in occupier’s liability claims? (Sheehy v Devil’s Glen Tours Equestrian Ltd., [2001] IEHC 176; Power v Governor of Cork Prison [2005] IEHC 253; Vega v Cullen [2005] IEHC 363).
What does “reckless disregard” of a trespasser or recreational user mean? (Weir-Rodgers v SF Trust, [2005] 1 ILRM 471).
How large is the duty owed by proprietors of shops to customers? (Mulloy v Arnotts plc, High Ct, 2 July 1998).
Does the Occupiers’ Liability Act 1995 cover activities taking place on premises? Hackett v Calla Associates Ltd, [2004] IEHC 336, Meagher v Shamrock Houses Ltd t/a The Ambassador Hotel [2005] IEHC 35).
What force may an occupier use in defence of the property?
Who is an “occupier” of public spaces?
In what circumstances will vehicles such as cars and buses be regarded as “premises”? (Weldon v Mooney t/a Fingal Coaches, [2001] IEHC 3; Boyle v Iarnrod Eireann, Circuit Ct, McMahon J, 30 January 2006).
Is liability for injuries caused by dogs covered by the Occupiers’ Liability Act?
Is an occupier, as such, liable under section 21 of the Control of Dogs Act 1986? (Quinlisk v Kearns [2004] IEHC).
What are the implications of the Advocate General’s opinion in Commission v United Kingdom, 18 January 2007, for claims by employees relating to injury on their employer’s premises.
What duty do schools owe children in relation to dangers on the premises?
How broad is the “area of invitation”? (Williams v T.P. Wallace Construction, [2002] 2 ILRM 62; Vega v Cullen, [2005] IEHC 362).
What is the impact of the Civil Liability and Courts Act 2004 on claims arising under the Occupiers’ Liability Act 1995?
What rules of discovery apply to occupiers’ liability claims? (Farnon v Dunnes Stores [2005] IEHC 217).
What is the scope of the occupier’s duty to visitors under section 3 of the 1995 Act? (Heaves v Westmeath County Council, 20 I.L.T. (n.s.) 236 (2001)).
These issues will be addressed by the speakers. Not only will all of the significant Irish decisions be considered: a survey will also be made of recent helpful judgments from Northern Ireland (Millar v Rooney [2006] NIQB 7) (work entrusted to independent contractor), Scotland (Struthers-Wright v Nevis Range Development Company plc [2006] Scot CS CSOH 68) (obvious danger) and England (Moon v Garrett, [2006] EWCA Civ 1121) (occupiers’ employers’ liability), Keown v Coventry Health Care NHS Trust [2006] EWCA Civ 39 (child trespasser), (Metropolitan Borough Council [2006] EWCA Civ 316) (tort/contract conflict).
| 6:00pm
William Binchy |
Occupiers' Liability: Claims by Visitors and Possible Defences
|
| 6:30
Des Ryan BL and Ray Ryan BL |
Claims by Trespassers and Recreational Users: Some Crucial Questions |
| 7:10
Dr. Neville Cox BL |
Claims Against Employers for Injuries Sustained on the Premises: The Impact of the Safety, Health and Welfare at Work Act 2005
|
| 7:40 |
Tea / Coffee
|
| 8:00
Dr. Ciaran Craven BL |
Occupiers' Liability Litigation: Key Issues for Practitioners
|
| 8:30 |
Questions and Discussion
|
| 9:00 |
Conference ends
|
William Binchy is Regius Professor of Laws at Trinity College and is a member of the Irish Human Rights Commission. He is co-author of the Annual Review of Irish Law, a Casebook on Torts (3rd ed., 2005) and Law of Torts (3rd ed., 2000). He is co-editor of The Civil Liability and Courts Act 2004: Implications for Personal Injuries Litigation.
Dr. Neville Cox is a practising barrister and is a lecturer in Law at Trinity College Dublin. He is co-author of Sports and the Law, published in December 2004 by First Law. He lectures in, amongst other subjects, Tort Law and Defamation Law.
Dr. Ciarán Craven is a practising barrister. He lectures in Medicine and the Law on the LL.M. degree programme at Trinity College Dublin. He is co-author of a textbook on psychiatry and the law and co-editor of The Civil Liability and Courts Act 2004: Implications for Personal Injuries Litigation published by First Law in 2005. With William Binchy, he is co-editor of the Quarterly Review of Tort Law, published by Clarus Press.Ray Ryan is a barrister. He holds the degrees of Bachelor of Laws (LL.B.) and Master of Laws (LL.M.) from Trinity College, Dublin. He has lectured and tutored in tort law and has written articles in this area.
Des Ryan is a barrister. He holds the degrees of LL.B. from Trinity College, Dublin and B.C.L. from the University of Oxford. He lectures and tutors in law at Trinity College Dublin and is currently researching in the area of tort law.
The right to substitute and rearrange lectures is reserved
RESERVATIONS: Please complete and return the booking form to the address below.
Catherine Finnegan, School of Law, House 39, Trinity College Dublin 2
Telephone (01) 896 2367; Fax (01) 677 0449; Email: catherine.finnegan at tcd.ie
FEES*: € 150 for 1; €270 for 2; €385 for 3; €480 for 4 and €565 for 5. All cheques should be made payable to TCD No. 1 account.
This page was last modified by Catherine Finnegan on 21 January 2007