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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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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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