Source: All England Reporter
Publisher Citation: [2012] All ER (D) 75 (Mar)
Neutral Citation: [2012] EWCA Civ 239
Court: Court of Appeal, Civil Division
Judge:

Laws, Tomlinson and Kitchin LJJ

Representation Mark Turner QC (instructed by Pannone LLP) for the claimant.
  Steven Ford QC and Adam Weitzman (instructed by Essex Legal Services) for the authority.
Judgment Dates: 9 March 2012

Catchwords

Negligence - Duty to take care - Existence of duty - Personal injury - Claimant aged 10 years old attending swimming lessons with school - Swimming pool facilities being run by district council - Third defendant life guard and swimming teacher employed by swim service provider - Claimant suffering hypoxic brain injuries - Claimant alleging fourth defendant local education authority owing claimant non-delegable duty of care - Judge striking out that part of claimant's particulars of claim - Whether non-delegable duty of care existing.

The Case

Negligence Duty to take care. The Court of Appeal, Civil Division, in dismissing the claimant's appeal, held that, on the basis of the pleaded facts, there had not been a relevant non-delegable duty of care which would lead to liability in the authority in the event of negligence being found on the part of the second or third defendants or of the swimming teacher where the claimant had suffered severe brain injury sustained while at a school swimming lesson.

Practice Areas

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