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17 January 2014 / Keith Patten
Issue: 7590 / Categories: Features , Personal injury
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Rule of thumb

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Keith Patten welcomes useful guidance about the role of foreseeability in the determination of breach of duty of care

When a nine-year-old boy attempted to punch his younger brother in a play fight and missed, it can hardly have seemed likely that the events would end up being considered by the Court of Appeal. But such was the outcome in the recent decision of West Sussex County Council v Pierce (A Child) [2013] EWCA Civ 1230, [2013] All ER (D) 166 (Oct). The attempted punch took place on the premises of a school, run and occupied by the defendant, to which the claimant was a lawful visitor. When his attempt to punch his brother went astray, what the claimant appears to have hit instead was the underside of a drinking water fountain, attached to an exterior wall of the school. The underside of the fountain was said to have had a sharp edge, as a result of which, it was alleged, the claimant sustained a laceration of his thumb, resulting in tendon damage which

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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