Reviewed case brief

British Railways Board v Herrington

[1972] AC 877

[1972] AC 877 · House of Lords (UK)

tort-lawoccupiers-liabilitytrespassersduty-of-carecommon-humanity
Court
House of Lords (UK)
Year
1972
Subjects
Law of Torts
Reviewed
2026-08-02

Rule established

An occupier owes a duty of 'common humanity' even to trespassers; the old rule of no duty to trespassers (Addie v Dumbreck) was departed from.

Facts

    Issues

      Held

        Ratio decidendi

        How to use it in an exam

        Editorial source

        [1972] AC 877

        Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.