Jolley v Sutton LBC [2000] 1 WLR 1556

Written By Nicolas Heyes

House of Lords

Basic Facts: J, 14, was injured while attempting to repair a rotting boat left on council land. The boat fell on him, causing severe injuries. The CoA reversed a judgment against the council. 

Issue: Is D liable for the full extent of harm even if the extent was not reasonably foreseeable? 

Held: The House of Lords found for the claimant, affirming that only the kind of injury need be foreseeable, and not the specific outcome.

  • Lord Steyn: If some harm is foreseeable, D is liable for all resulting harm, not just the foreseeable extent. The council was responsible for the total damage as it was foreseeable that children might play with the boat. 

  • Lord Hoffmann: D is liable for any reasonably foreseeable injury, even if the extent was unforeseeable, as long as the injury was of the same type as that foreseen. 

Nicolas Heyes
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