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Lois Southern v Adventure Forest Limited (t/a Go Ape!)


[2016] EWCA Civ 1178
Dates of case
14 October 2016

C was injured when taking part in D’s high ropes adventure course.

At first instance, HHJ Gore QC held that D was liable for failing to provide adequate warning and instruction to C, and that C did not have to prove that she would have acted differently if D had not been in breach.

The appellate court overturned the decisions both on breach on causation: the standard was reasonableness, properly measured against the balancing act set out in Tomlinson v Congleton Borough Council [2003] UKHL 47. The trial Judge’s proposed additional measure was beyond what was required in law for D to discharge its duty.

In any event, there was no evidence the proposed additional warning would have made any difference to the accident, and it probably would not have done so.

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