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26 June 2009 / Brent Mcdonald
Issue: 7375 / Categories: Features , Personal injury
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Knowing the limits

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Brent McDonald examines pupils’ supervision in school, setting aside consent orders & the latest case on limitation

In Palmer v Cornwall County Council [2009] EWCA Civ 456, [2009] All ER (D) 191 (May) which comes shortly after Orchard v Lee [2009] EWCA Civ 295, [2009] All ER (D) 39 (Apr), the Court of Appeal was again asked to consider the liability of schools for injuries caused by the activities of pupils at playtime.

The play area designated for years 9 and 10 was at one end of a field, with the area designated for years 7 and 8 at the other end. Each area was about the size of a football pitch. The claimant, who was aged 14½ and was therefore in year 9, was playing outside during a lunch break, having just been released from detention. Only 15 minutes of playtime remained.
One of the claimant’s fellow pupils had strewn food on the ground in order to tempt seagulls to swoop down. As the birds attempted to pickup the food, he then attempted to

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