The route of a marathon runs past the offices of Prime International Bank (hereafter: 'the Bank'). To take advantage of this the Bank invites several of its most loyal customers to watch the race, which takes place on a Sunday, from its office windows. Lois, an employee of the Bank, is put in charge of the event but nobody reminds her that the Bank has arranged to have the third floor of its offices refurbished by Taylor Builders during the month when the marathon will take place. Lois only remembers the refurbishment after she has sent invitations to more clients than can comfortably fit round the windows in the second floor offices. On the Friday before the event she asks Niko, the site manager for Taylor Builders, to make sure that all the doors to the third floor offices are locked before he leaves the site on Saturday afternoon. Niko forgets to do it. Other employees of Taylor Builders leave a large pane of glass leaning against a wall in the third floor offices.

So many people attend the event and crowd round the second floor windows that Anita, an invited customer, climbs on to a desk to try to see over them. She gets the heel of her shoe stuck in a hole cut in the desk for cabling and falls, breaking her ankle. Patrick, another invited customer, decides to avoid the crush by trying to view the race from a higher floor. Lois sees Patrick heading upstairs but decides not to challenge him because he is a valuable client who she does not want to embarrass, and she does not expect him to be able to get into the third floor offices. Patrick opens the door to the third floor offices but they are dark and he badly cuts his right hand on the glass when feeling along the wall for a light switch. Patrick faints and blood from his cut ruins his expensive jacket.

When Patrick does not return Lois asks Steve to go upstairs and look for him. Steve is a security guard employed by an agency that provides the Bank security services. Steve enters the third floor offices but trips over Patrick's leg and falls against the pane of glass severely injuring his ear.

Advise Anita, Patrick, and Steve as to possible claims under the Occupiers' Liability Act 1957 and the Occupiers' Liability Act 1984.