Description
No Implied Licence In Respect Of Reckless Conduct Going Beyond Normal Recreational Activities:The Court of Appeal held that in determining whether a person was an licensee and thus a visitor who was owed a duty of care under the Occupiers' Liability Act 1957, the determinative question was not whether his activity or similar activities might have been foreseen by the occupier but whether such activities had been impliedly consented to by the occupier. In the instant appeal, the Court of Appeal held that a local authority who licensed its land to the public for recreational purposes impliedly consented to use of the land for normal recreational activities and risks thereof. An implied licence did not however extend so as to cover any form of activity, however reckless.
