John Lewis- Never Knowingly An Occupier

• Published date: 02 November 2022
• Subject Matter: Insurance, Litigation, Mediation & Arbitration, Insurance Laws and Products, Trials & Appeals & Compensation, Personal Injury
• Law Firm: Weightmans
• Author: Mr Suresh Memi

Looking at the case of Kanwarjit Singh Juj v John Lewis Partnership PLC

The Claimant, an 83-year-old man, sustained serious injury following a trip and fall from a kerb in a car park, belonging to the local authority but John Lewis, the defendant, was also considered to be a joint occupier, albeit not liable for the accident.

Executive summary

The High Court confirmed that whilst the defendant were a joint occupier of the car park with the local authority, they were not liable for what was considered to be a "true accident".

The facts

The claimant sought damages for personal injury arising from a trip and fall in a car park adjacent to the Waitrose store in Ruislip on 17 May 2015.

The claimant, an 83-year-old man, attended the car park with his wife, who drove their vehicle and parked in a disabled parking bay. The alleged accident occurred upon the claimant and his wife returning to the vehicle. The claimant alleged that, whilst he was putting shopping away in the boot of the vehicle, he tripped on a kerb next to the disabled parking bay and fell. In falling, he had hit his head, suffering a fractured wrist, maxillofacial injuries, a traumatic brain injury, a subdural haemorrhage and long-term consequences.

London Borough of Hillingdon ("LBH") was the owner of the car park. They collected the revenue from the pay and display system, emptied the bins in the car park and undertook repairs from time to time.

The defendant had no licence relating to, or other legal interest in, the car park; its customers, in common with those of stores on the local high street and people visiting a nearby GP surgery, used the car park. The defendant refunded its customers for up to two hours' parking, which cost '1.50. Its branding was displayed in and around the perimeter of the car park and, until approximately 2017 or 2018, it paid LBH to advertise on the back of the parking tickets.

The claimant did not bring a claim against LBH. The claimant brought a claim against the defendant only. It was the claimant's case that the defendant was an occupier of the car park under the Occupiers Liability Act 1957 ("the OLA"), the defendant owed the claimant a duty of care and the defendant had breached its duty causing him to trip on a kerb and suffer injury.

The case went to trial on liability only. The defendant denied liability putting the claimant to strict proof that the kerb had caused the fall, denying that it was an occupier of the car park and also that the kerb posed a...