Visitors

Question 1

Visitors

Answer 1

Common law defines a ‘visitor’ as someone who has express or implied permission to be on the premises.

Question 2

Application

Answer 2

Robson v Hallet [1967] 2 QB 939 –

Question 3

Implied Permission

Answer 3

Lowery v Walker [1911] AC 10 –

Question 4

Limits on permission

Answer 4

–A visitor who exceeds his permission to be on the land generally loses his visitor status and becomes a trespasser
The Calgarth [1927] P 93, per Scrutton LJ – ‘When you invite a person into your house to use the stairway, you do not invite him to slide down the banisters

Question 5

Intention accepted

Answer 5

Spearman v Royal United Bath Hospital [2017] EWHC 3027 – mentally impaired patient fell from a flat roof – he was treated as a visitor -

Question 6

Intention Denied

Answer 6

Ovu v London Underground- patient suffered fatal fall- passed a barrier stated he shouldbe be there- trespasser