Summary of Recent Cases – Substantive Law


Whether Degree Of Risk Of Activity Acceptable Is A Question Of Judgment, Degree And Fact

Scout Association v. Barnes, CA, 21/12/10

The Court of Appeal held that in determining whether the social value of an activity was such that it carried an acceptable degree of risk was a question of judgment, degree and fact. This question had to be decided on a case by case basis. The Court of Appeal held that the judge had correctly applied these principles and had therefore not erred in his conclusion that an activity played by boy scouts in the dark significantly and unacceptably increased the risk of the activity.

January 16, 2011 В· Editorial Team В· Comments Closed
Posted in: Cases