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Law Bulletin - April 2010

Vicarious liability [Liability]

This was a High Court judgment, about a priest grooming and then abusing a boy .The High Court’s rejection that the Church was liable for the priest as its employee ( “vicarious liability “) was a surprising judgment and the Court of Appeal overturned it.

Assaults by outsiders on pupil on school premises [Liability]

Two boys agreed to fight each other on the school tennis courts at the end of the school day. Tension had built up during the day.

Harassment in the Army [Liability]

An artillery officer won a case based on acts of harassment and breaches under the Protection from Harassment Act 1997.

Seatbelts and contributory negligence [Liability]

A 16-year-old boy was a passenger in the front seat of a car where no one was wearing seatbelts. He had someone on his lap. When the car collided with another car, he suffered major brain damage.

Skiing holidays [Liability]

A tour operator was liable in contract for a third party excursion on a ski trip that went wrong

Accident on airline [Thompsons’ cases]

We have mentioned before the difficulty of arguments about whether an incident on a flight is an “accident” so as to attract the strict liability provisions of the Montreal Convention for Compensation)

Flood in toilets [Thompsons’ cases]

The claimant was a helper at a community centre club, where a member reported a flood in the ladies’ toilet.

Automatic lights going out in toilets [Thompsons’ cases]

The claimant was a guest at a grand hall in Harrogate.

A couple of Thompsons cases on whiplash awards [Damages]

In (Birmingham County Court, 4 March 2010), a 58-year-old man was involved in a rear end shunt. He did not visit his GP or go to hospital and did not receive any medical treatment. He lost no time from work.

Award for salmonella poisoning [Damages]

Both claimant’s suffered food poisoning after eating a Chinese takeaway.