Source: All England Reporter
Publisher Citation: [2003] All ER (D) 364 (Feb)
Neutral Citation: [2003] EWHC 197 (QB)
Court: Queen's Bench Division

Hunt J

Representation David Westcott (instructed by Stewarts) for the claimant.
  Jonathan Harvey (instructed by Kennedys) for the defendant.
Judgment Dates: 26 February 2003


Negligence - Duty of care - Duty to attempt rescue - Climbing centre - Duty to person using facility - Principles to be applied

The Case

Applying the principle that in deciding whether the person who had assumed a duty to attempt a rescue was guilty of negligence it was necessary to judge the matter in the light of the situation as it appeared to that person and not with the benefit of hindsight, the defendant had not been guilty of negligence in failing to attempt a rescue of the claimant who was using its climbing facility.

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