header-logo header-logo

Home Login E-newsletter About us
11 February 2010 / Lucy Wyles
Issue: 7404 / Categories: Features , Professional negligence
printer mail-detail

Striking the right balance

© Copyright LexisNexis 2026. All Rights Reserved.

Lucy Wyles reports on three cases which revisit the fundamental principles of the law of negligence

One of the most rewarding aspects of the common law is the rich and varied diet of factual and legal situations that it provides for our delectation. This article examines three of this winter’s decisions on liability issues, in which fundamental principles were considered against particularly colourful or unusual backgrounds.

In Parker v TUI UK Ltd [2009] EWCA Civ 1261, [2009] All ER (D) 305 (Nov) Mrs Parker was injured when taking part in an evening tobogganing event in Austria. She had completed the toboggan run, but then remounted her toboggan, lost control of it on an icy road and careered into a barrier of frozen straw bales. She and the other participants had been told that at the end of the run they had to get off the toboggans and walk down to the place where they were to return the toboggans. Mrs Parker said that she had got back on to the toboggan because the road

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

Read All
Sponsored by
Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS
Read All
NLJ this week: Mazur and more—inside the litigation frontline

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

NLJ this week: Social media bans for children spark legal dilemmas
Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
NLJ this week: Court of Appeal clarifies when a claim truly begins
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
NLJ this week: Split FDRs could ease pressure—and boost settlements
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
Copyright © 2026 LexisNexis
back-to-top-scroll