header-logo header-logo

04 November 2011 / Lucy Wyles
Issue: 7488 / Categories: Features , Personal injury
printer mail-detail

Leap of faith

Lucy Wyles dives headfirst into the latest personal injury developments

As Mrs Justice Thirlwall DBE stated in a recent case, there is always risk in swimming and diving, in any pool. It is a sad fact that swimming and diving accidents can result in catastrophic injuries.

Doubtless as a consequence of this, the common law case law is peppered with seminal cases arising from swimming or diving accidents—examples include Tomlinson v Congleton Borough Council [2003] UKHL 47, [2003] 3 All ER 1122 on occupiers’ liability, Evans v Kosmar Village Holidays [2007] EWCA Civ 1003, [2008] 1 All ER 530 on the duties of a tour operator and Owusu v Jackson [2005] QB 801, [2005] 2 All ER (Comm) 577 on jurisdiction.

This article will examine two recent High Court decisions which follow this trend, in that they arose from such accidents, and in which fundamental principles of liability were considered. Both concerned the confines of the duty of care owed to a pool-user.

Grimes v Hawkins

The case of Grimes v Hawkins

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

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson appoints Paula Myers to private capital team in Leeds

mfg Solicitors—five promotions

mfg Solicitors—five promotions

Law firm mfg Solicitors announces five promotions at Birmingham office

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
The Court of Appeal has issued a stern warning to lawyers engaging in the practice of ‘privilege hunting’—obtaining an opponent’s legally privileged information through dishonest means
Legal executives have given a lukewarm reception to the Legal Services Board’s (LSB’s) final report from its regulatory review into Mazur advice and guidance
A homeless single parent offered accommodation in Derby has lost her Supreme Court appeal against the London council making the offer
The Kingdom of Bahrain does not enjoy sovereign immunity from allegations it used surveillance software to spy on dissidents in the UK, the Supreme Court has held
A free independent, specialist and trauma-informed legal advice service for victims and survivors of sexual violence is to be rolled out across England and Wales, the government has confirmed
back-to-top-scroll