McGeown v. Northern Ireland Housing Executive, (1994) 169 N.R. 226 (HL)

• Case Date: June 23, 1994
• Jurisdiction: Canada (Federal)
• Citations: (1994), 169 N.R. 226 (HL)

McGeown v. Northern Ireland Housing (1994), 169 N.R. 226 (HL)

MLB headnote and full text

McGeown (A.P.) (appellant) v. Northern Ireland Housing Executive (respondents)

(Northern Ireland)

Indexed As: McGeown v. Northern Ireland Housing Executive

House of Lords

London, England

Lord Keith of Kinkel, Lord Goff of Chieveley,

Lord Browne-Wilkinson,

Lord Mustill and Lord Lloyd of Berwick

June 23, 1994.

Summary:

The Northern Ireland Housing Authority owned land over which a public right of way (footpath) passed. The plaintiff and her husband were tenants in one of the Authori­ty's houses. The plaintiff tripped in a hole on the footpath and sued the Authority for damages.

The trial judge dismissed the action, ap­plying the rule that "the owner of land over which a public right of way passes is under no liability for negligent misfeasance towards members of the public using it". The plaintiff appealed.

The Court of Appeal dismissed the appeal. the plaintiff appealed.

The House of Lords dismissed the appeal. The rule was reasonable. Persons using a public right of way were neither invitees nor licencees of the owner/occupier.

Real Property - Topic 7125

Easements, licences and prescriptive rights - Public right of way - Duty to maintain and repair - The House of Lords reaf­firmed the rule in Gautret v. Egerton that "the owner of land over which a public right of way passes is under no liability for negligent misfeasance towards members of the public using it" - The public takes the right of way as they find it - A person exercising a public right of way was neither an invitee nor licencee of the owner/occupier.

Torts - Topic 3701

Occupiers' liability for dangerous premises - Invitees - Invitee defined - [See Real Property - Topic 7125 ].

Torts - Topic 3750

Occupiers' liability for dangerous premises - Licencees - Licencee defined - [See Real Property - Topic 7125 ].

Cases Noticed:

Brady v. Northern Ireland Housing Execu­tive, [1990] N.I. 200 (C.A), refd to. [para. 3].

Gautret v. Egerton (1867), L.R. 2 C.P. 371, folld. [para. 4].

Greenhalgh v. British Railways Board, [1969] 2 Q.B. 286; [1969] 2 All E.R. 114 (C.A.), refd to. [para. 6].

Holden v. White, [1982] Q.B. 679; [1982] 2 All E.R. 328 (C.A.), refd to. [para. 7].

Fairman v. Perpetual Investment Building Society, [1923] A.C. 74 (H.L.), refd to. [para. 9].

Jacobs v. London County Council, [1950] A.C. 361; [1950] 1 All E.R. 737 (H.L.), refd to. [para. 9].

Brackley v. Midland Railway Co. (1916), 85 L.J.K.B. 1596 (C.A.), refd to. [para. 11].

Fisher v. Prowse; Cooper v. Walker, [1861-73] All E.R. Rep. 907; 31 L.J.Q.B. 212, refd to. [para. 11].

Cooper v. Walker - see Fisher v. Prowse; Cooper v. Walker.

Cumbernauld and Kilsyth District Council v. Dollar Land (Cumbernauld) Ltd., [1993] S.L.T. 1318 (H.L.), refd to. [para. 21].

Statutes Noticed:

Occupiers' Liability Act, 1957 (Northern Ireland), sect. 2 [para. 4].

Occupiers' Liability Act (Northern Ireland) Order 1987, art. 3(7), art. 3(9) [para. 15].

Occupiers' Liability Act, 1957 (U.K.), generally [para. 8].

Counsel:

Hugh Kennedy, Q.C., and Gerald Simpson, B.L., of Robin Thompson & Partners, for the appellants;

Paul Girvan, Q.C., and Bernard McCloskey, of Alastair Thompson & Partners, for the respondents.

This appeal was heard on April 25-27, 1994, before Lord Keith of Kinkel, Lord Goff of Chieveley, Lord Browne-Wilkinson, Lord Mustill and Lord Lloyd of Berwick of the House of Lords.

On June 23, 1994, the judgment of the House of Lords was delivered and the fol­lowing speeches were given:

Lord Keith of Kinkel - see paragraphs 1 to 16;

Lord Goff of Chieveley - see paragraph 17;

Lord Browne-Wilkinson - see para­graphs 18 to 25;

Lord Mustill - see paragraph 26;

Lord Lloyd of Berwick - see paragraph 27.