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: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll