April 18th, 2012

mini me + poo

When judges are rude about another judge

From Tomlinson (FC) (Original Respondent and Cross-appellant) v. Congleton Borough Council and others [2003] UKHL 47 - at a park created from a former gravel pit where swimming was banned, Mr Tomlinson went into the water and dived forward. He hit the bottom badly and broke his neck. The Court of Appeal allowed his claim for damages (albeit taking a large chunk off for his own contribution to what happened), so the councils who owned and ran the park appealled to the House of Lords who overturned the verdict:

[Appeal Court judge Lord Justice Ward] said that the water was "a siren call strong enough to turn stout men's minds". In my opinion this is gross hyperbole. The trouble with the island of the Sirens was not the state of the premises. It was that the Sirens held mariners spellbound until they died of hunger. The beach, give or take a fringe of human bones, was an ordinary Mediterranean beach. If Odysseus had gone ashore and accidentally drowned himself having a swim, Penelope would have had no action against the Sirens for luring him there with their songs. Likewise in this case, the water was perfectly safe for all normal activities.

This entry was originally posted at http://lovingboth.dreamwidth.org/454162.html, because despite having a permanent account, I have had enough of LJ's current owners trying to be evil. Please comment there using OpenID - comment count unavailable have and if you have an LJ account, you can use it for your OpenID account. Or just join Dreamwidth! It only took a couple of minutes to copy all my entries here to there.
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