The recent appeal in Lewis v Wandsworth London Borough Council [2020] EWHC 3205 (QB), an occupiers’ liability claim, brings into focus the delicate balance between the desirability of recreational activities in public places, and the need to mitigate against the risk of injury to lawful visitors. 

In August 2014, the claimant (Phoebe Lewis) sustained facial injuries when she was struck by an errant cricket ball hit from a nearby cricket pitch while walking through London’s Battersea Park. The claimant argued that the de-fendant council had failed in its duty owed to park users by permitting a cricket match to be played under what were alleged to have been dangerous conditions. 

The facts of the ...

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