header-logo header-logo

Update from the courts

11 December 2008 / Elizabeth Wale
Issue: 7349 / Categories: Features , Damages
printer mail-detail

Elizabeth Wale reports on high-risk sports and contributory negligence

Those who are limbering up for their annual skiing holiday may wish to pay heed to Mr Justice Foskett’s comments in Anderson v Lyotier and Portejoie [2008] EWHC 2790, [2008] All ER (D) 216 (Nov). Sitting in the Queen’s Bench Division Foskett J considered the duties of a ski instructor who had taken his adult pupils off -piste resulting in the claimant sustaining serious injury rendering him tetraplegic when he lost control of his skies and collided with a tree.

Off-piste activity
The claimant and his group, all of whom had skied previously, were assigned to Mr Portejoie for the duration of their holiday which had been booked with the first defendant’s company. On day three of the holiday the group progressed onto red pistes and had a first taste of off -piste skiing. The claimant struggled with it and bumped into a tree—this was not witnessed by Mr Portejoie. The rest of the group skied both on and off -piste and over moguls over

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

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

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

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