In May 1995, the claimant, John Tomlinson (then aged 18), visited an artificial lake, part of a country park in Brereton, Cheshire in the borough of Congleton,[2] with his friends.

While there, Tomlinson dived into the water and hit his head on the sandy bottom, leaving him tetraplegic as a result of a break to the fifth vertebra of his neck.

Tomlinson contended that the council owed him a duty under section 1(1) of the 1984 act as the premises were not reasonably safe for his use,[3] claiming that there had not been adequate warning of the dangers of diving in the water.

[7]Eventually, after a lengthy report, the council's argument was accepted and their appeal was allowed on two key grounds: Lord Hobhouse stated on the second point: The pursuit of an unrestrained culture of blame and compensation has many evil consequences and one is certainly the interference with the liberty of the citizen.

It was seen as attempting to stem a "compensation culture" that was perceived to be growing in the UK,[1] but which some say are exaggerated and that the law will protect potentially risky but "useful activities"[11]