0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Betts v Tokley, Court of Appeal, 18 January 2002

29 January 2002
The issues

Tripping – unlit steps – Occupiers Liability Act – contributory negligence.

The facts

The Claimant was employed by the Defendant which operated as a taxi business. There were two exits to her place of work. The main one was through the front of the premises and there was a second one through the canteen and steps to a forecourt. The Claimant left the premises via the second exit at about 2.00 am because the front door was locked. The steps were unlit. She had to feel her way along the main wall as she went down them. She fell injuring her arm. The Judge found the Defendant was primarily liable under the OLA and made a finding of 60% contributory negligence because she had pressed on regardless of the risk of tripping.

The decision

1. The Judge’s finding was well within his discretionary ambit.

2. The Claimant had to establish that his decision was a decision no reasonable Judge could have reached. They had failed.

3. The facts showed clearly that the Claimant was at fault in the way in which she had approached the dark steps.

focus on...

Legal updates

Contingent loss in negligence claims

Contingent loss is relevant to limitation; specifically, the date at which a claimant’s cause of action accrues for the purposes of a claim in the tort of negligence (as many claims against professional advisers are framed).


Legal updates

Legal and regulatory monthly update - September 2019

The latest update covering delegated authority, insurance product development, the senior insurance managers regime, data protection, operational control frameworks, Lloyds market, and horizon scanning.


Legal updates

Kuoni referred to the CJEU by Supreme Court for clarification - possible impact on breach of contract, vicarious liability and assumption of responsibility claims for sexual abuse and assault

We were hoping to be able to give you some interesting insights following the judgment of X v Kuoni Travel Ltd but that will have to wait for another day.


Legal updates

The disappearance of LIBOR

Companies should undertake a comprehensive review and audit to identify those products and legacy contracts that are LIBOR-linked and carry out an in-depth risk assessment of discontinuation. Where possible, companies should look at appointing an individual to oversee the programme.


The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up

Select which mailings you would like to receive from us.

Sign up