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

Young v Kent County Council, High Court, 14 March 2005

21 March 2005
The issues

Children – 12 Year Old Falling Through Skylight – Occupier’s Liability – Degree Of Claimant’s Contributory Negligence

The facts

The Claimant was aged 12 at the time of the accident. He was at a Youth Club which was operating on the school’s premises. He climbed onto the roof using the flu of an extractor fan on one side of the building. He fell through a brittle skylight. There was a report from the HSE which noted a problem with access to the roof prior to the accident.

The decision

The state of the premises was inherently dangerous given the brittle nature of the skylight. The area was a known meeting place for children. The Council knew or ought to have known that children were likely to climb the flu onto the roof. The solution to the problem was low cost. There was a duty to protect children. If the Claimant had not been a child he would have recovered nothing.

However, as the Claimant was as much to blame as the County Council and the Claimant’s contributory negligence would be assessed at 50%.

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