Case - Tomlinson v. Congleton Borough Council [2004] 1 AC 46
This case involved a man who took a shallow dive in a reservoir in a park run by a local authority and he obtained compensation because he was badly paralysed at first instance. However, when this case reached the House of Lords it was decided the plaintiff took a risk in diving in and should not be entitled to compensation.
Therefore, it could be used to effectively argue the court system has decided the increase in claims for compensation is a bad thing. However, the courts were only doing what they have always done by looking to act in the interests of justice and Lord Woolf’s recent reforms were actually aimed at making the courts more accessible to potential litigants in the ‘Access to Justice – Final Report’.
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