Temple Garden Chambers is a leading common law set based in London and The Hague.
With excellence from top to bottom Chambers provides a first class service in a number of different fields.
Temple Garden Chambers is a leading common law set based in London and The Hague.
With excellence from top to bottom Chambers provides a first class service in a number of different fields.
14/10/2016
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.
