||All England Reporter
|| All ER (D) 75 (Mar)
|| EWCA Civ 239
||Court of Appeal, Civil Division
Laws, Tomlinson and Kitchin LJJ
||Mark Turner QC (instructed by Pannone LLP) for the claimant.
||Steven Ford QC and Adam Weitzman (instructed by Essex Legal Services) for the authority.
||9 March 2012
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.
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.
- An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases