Source: All England Reporter
Publisher Citation: [2012] All ER (D) 86 (Aug)
Neutral Citation: [2012] EWHC 2360 (QB)
Court: Queen's Bench Division
Judge:

Mr Justice Globe

Representation Simeon Maskrey QC and Nathan Tavares (instructed by Stewarts Law LLP) for the claimant.
  Stephen Grime QC and Jonathan Bellamy (instructed by Ford and Warren) for the defendant.
Judgment Dates: 13 August 2012

Catchwords

Negligence - Duty to take care - Foreseeable harm - Claimant being a teacher on adventure activity course with college - Defendant company providing and running activity course - Claimant participating - Claimant suffering serious injury amounting to tetraplegia - Claimant pursuing claim for personal injury - Whether defendant liable.

The Case

Negligence Duty to take care. The Queen's Bench Division, in dismissing the claimant's claim for personal injury arising from an adventure activity course, held that the defendant company was not liable for the injuries sustained as, on the evidence, there had been no foreseeable real risk of injury and that accident had been a tragic, freak accident for which no blame could be established.

Practice Areas

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