header-logo header-logo

17 January 2014 / Keith Patten
Issue: 7590 / Categories: Features , Personal injury
printer mail-detail

Rule of thumb

web_patten

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

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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll