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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll