header-logo header-logo

21 May 2009 / Robert Weir KC
Issue: 7370 / Categories: Features , Child law , Personal injury
printer mail-detail

Child's play

Robert Weir on how common sense prevailed after a playground incident

* * * * * *

In Orchard v Lee [2009] EWCA 295 Mrs Orchard was working as a lunchtime assistant supervisor at a school. She was with another supervisor and walking outside in an area where the children regularly ran around playing. The defendant was one such 13-year-old boy. He was playing tag with another 13-year-old boy. He could see Orchard and adjusted his course as he ran away from the other boy. He then turned around to taunt his friend while still running, only now backwards. He collided with the claimant.

The claim

Orchard framed her claim against the defendant in negligence. As Orchard was not a participant in the game of tag, no issue of consent was raised. There did not appear to be any issue over the fact that the defendant owed the adult supervisor a duty of care. The case focused on whether the admitted duty of care had been breached.

The lead judgment in the Court

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll