||All England Reporter
|| All ER (D) 353 (Apr)
|| EWHC 713 (Admin)
Stanley Burnton J
||Michael Beloff QC and Javan Herberg (instructed by Davies Arnold Cooper) for the claimants.
||Timothy Straker QC and Philip Coppel (instructed by AJ Colvin, city solicitor) for the defendant.
||26 April 2005
Local authority - Health and safety - Pond - Liability of local authority for voluntarily unsupervised swimming - , s 3.
For the purposes of s3 of the if an adult swimmer with knowledge of the risks of swimming chose to swim unsupervised, the risks he incurred were the result of his decision and not of the permission given to him to swim. It followed that those risks were not the result of the conduct by the employer of his undertaking, and the employer was not liable to be convicted of an offence under that provision.
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