Darragh represents the Claimant in this two-day appeal, which concerns the liability in negligence and nuisance of the Defendant market licensing authority for the Claimant’s personal injuries. The injuries were caused when the Claimant tripped and fell on poles, which were part of market stall, that had been left by an unidentified market trader protruding across the footpath near Whitechapel Market.
At first instance Darragh successfully argued that the Defendant was liable to the Claimant in negligence and nuisance on the basis that the Defendant permitted the market to be run in such a way as to pose a danger to users of the footpath. The Defendant brings the appeal on the primary basis that the judge below was wrong to identify and impose any duty of care on the Defendant in respect of the poles.
The Appeal raises questions relating to the identification and extent of the duty of care owed by market licensing authorities in relation to the management and control of street markets, and whether such authorities can be held liable for allowing their markets to be run in such a way as to constitute a public nuisance. The Appellant was granted permission to appeal directly to the Court of Appeal.
Darragh appears as sole counsel for the Claimant/Respondent and is instructed by Michelle Victor, Angela Bruno and Ella Raeburn of Leigh Day Solicitors.
