header-logo header-logo

24 February 2011 / Matthew Snarr
Issue: 7454 / Categories: Features , Personal injury
printer mail-detail

Lights out for excitement?

Lights out for excitement? Matthew Snarr reports on the risks of having fun

Where does the proper balance lie between the competing interests of a risk of injury, the likely severity of injury, the social value of an activity and the cost of prevention?

In The Scout Association v Mark Barnes [2010] EWCA Civ 1476, [2010] All ER (D) 284 (Dec) the Court of Appeal considered where the judicial balance ought to lie between protecting the interests of injured parties by negligent conduct as against the social value of an activity which may give rise to a risk of injury. In a majority decision, the Court of Appeal considered how the courts should determine the standard of care of persons responsible for controlling a socially desirable activity which may gives rise to a risk of injury.

The factual background

The claimant was a 13-year-old boy scout at the time of the accident in 2001. He had been playing a game called “Objects in the Dark”. Ten blocks were placed on the floor

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

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
back-to-top-scroll