header-logo header-logo

01 November 2013
Issue: 7582 / Categories: Case law , Law reports , In Court
printer mail-detail

Negligence—Duty to take care—Non-delegable duty

Woodland v Essex County Council [2013] UKSC 66, [2013] All ER (D) 252 (Oct)

Supreme Court, Lady Hale DP, Lord Clarke, Lord Wilson, Lord Sumption, Lord Toulson SCJJ, 23 Oct 2013

The duty of care owed by a school to children undergoing swimming lessons inside school hours is non-delegable. 

Christopher Melton QC and Ian Little (instructed by Pannone LLP) for the appellant. Steven Ford QC and Adam Weitzman (instructed by Essex County Council Legal Services) for the authority.

The appellant attended a primary school which was under the control of the respondent local education authority. Pupils had swimming lessons in school hours. The appellant and members of her class went to the pool, accompanied by a class teacher, H. The group to which the appellant was assigned was taught by a swimming teacher, B. Also in attendance was a lifeguard, M. Neither B nor M were employed by the school and their services had been provided to the authority by S, who was an independent contractor who carried on an

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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll