September 22, 2025
Darby v National Trust [2001] EWCA Civ 189 (29 January 2001)
Mr Darby drowned while swimming in a pond at a National Trust property. His widow claimed the Trust breached its duty under the Occupiers' Liability Act 1957 by failing to warn of dangers. The Court of Appeal held that the dangers of swimming were obvious and no warning was required. Facts On 23rd August 1997, Kevin Darby drowned while swimming in Row Pond 5 at Hardwick Hall, a National Trust property in Derbyshire. The pond was oval-shaped, approximately 60-70 feet across, with shallow edges but deeper water in the centre. Mr Darby was a competent swimmer who had swum in
