Summary of Recent Cases – Substantive Law


PERSONAL INJURY & FATAL ACCIDENTS

School Did Not Owe Pupil A Non-Delegable Duty Of Care

Woodland v. Essex County Council & Ors, QBD (Manchester), 17/10/11

By way of determination of a preliminary issue, Langstaff J rejected the Claimant pupil’s claim that the Defendant local education authority (which ran her school) owed her a non-delegable duty of care. Accordingly, Langstaff J held that the school was not liable for the alleged negligence of a lifeguard not employed by the school and thus the personal injuries sustained by the Claimant in the course of a swimming lesson.

Court Of Appeal Considered The Scope Of The Duty Of Care Owed By A Rugby Club To Rugby Players

Sutton v. Syston Rugby Football Club, CA, 20/10/11

The Court of Appeal allowed the Respondent rugby club’s appeal against a decision that it was liable for the personal injuries sustained by the respondent/claimant rugby player during a training session on its pitch. As to the duty of care owed, the Court of Appeal held that a rugby club owed rugby players a duty to conduct an inspection of the pitch pre-training session or match and which inspection should be carried out at a reasonable walking pace by a coach or match organiser. However, on the facts/evidence, the Court of Appeal held that such reasonable inspection would not have revealed the defect.

Court Of Appeal Considered The Correct Test As To Breach Of Duty In Mesothelioma Cases

Williams v. University of Birmingham & Anor, CA, 28/10/11

The Court of Appeal held that the correct test to be applied to the question of breach of duty in mesothelioma cases involved a consideration of whether the defendant ought reasonably to have foreseen the risk of contracting mesothelioma arising from the claimant’s exposure to asbestos fibres. The Court of Appeal further held that the duty of care owed was to take reasonable care to ensure that a person was not exposed to a foreseeable risk of an asbestos-related injury.

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