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07 August 2008
Issue: 7333 / Categories: Legal News , Personal injury
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Appeal court overturns bouncy castle decision

Legal news

The Court of Appeal decision that a couple who hired a bouncy castle were not liable for an accident that left a boy brain-damaged is a robust one, lawyers say.

Catherine and Timothy Perry faced a £1m compensation payout after the High Court ruled they had not adequately supervised Sam Harris who suffered brain-damage after another boy somersaulted and struck his forehead. However, the appeal court said Sam’s injuries were caused by “a freak and tragic accident” which occurred without fault.

Philip Mot t QC, of Outer Temple Chambers, says this was a “robust decision” which will be welcomed by those “who fear that the compensation culture has gone so far that children can no longer be allowed to enjoy themselves”.

Andrew Underwood, head of large loss at Keoghs, who acted for the Perrys says: “The appeal court stressed that the level of supervision to be expected of parents must match the level of risk associated with the activity in question. One cannot rule out risk from all activities. In this case the expected risk of injury associated with bouncy castles was not a risk of serious harm, as in fact, tragically, arose.”

Issue: 7333 / Categories: Legal News , Personal injury
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MOVERS & SHAKERS

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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