header-logo header-logo

Rule of thumb

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

NLJ Career Profile: Bridget Tatham, Forum of Insurance Lawyers

NLJ Career Profile: Bridget Tatham, Forum of Insurance Lawyers

Bridget Tatham, partner at Browne Jacobson and 2026 president of the Forum of Insurance Lawyers, highlights the importance of hard work, ambition and seizing opportunities

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll