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

14 October 2016

Practice Areas

InsurancePersonal Injury

Cases Citation

[2016] EWCA Civ 1178

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.

The case is reassurance to operators of adventure activities, for whom this sort of litigation is a significant business risk.

Related Barristers

David R. White

David R. White
Year of Call: 2009