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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
back-to-top-scroll