Management company of apartment complex not liable for injuries sustained by tenant who slipped on ice

Court of Appeal – appeal of judgement finding the defendant liable for injuries suffered by plaintiff when he slipped and fell on ice outside his apartment – defendants management company of apartment complex – owners and occupiers of the common areas – plaintiff apartment owner – all apartment owners were members of the management company and plaintiff was a member of the residents committee – particulars of negligence – engineer report – no updated particulars of negligence – trial judge held that the defendants had a duty to grit the landing where he fell – section 13 of the Civil Liability and Courts Act 2004 – expert reports not a substitute for pleadings – reasonable care informed by expert evidence – fact that a particular precaution might have prevented an injury provides no basis for finding that it ought to have been taken – no evidence that management companies regularly carry out gritting of pedestrian areas if bad weather is anticipated – no code of practice or relevant standard – unreasonably burdensome to impose a duty to grit pedestrian common areas in anticipation of bad weather – duty on plaintiff to take care for his own safety – ought to have anticipated potential for presence of ice – knew it was cold and knew it was wet – could be regarded as guilty of a high degree of contributory negligence – allow appeal – order dismissing the plaintiff’s claim.