The claimant pupil was 14. School ended at 3.45. Her bus left at 3.55 sharp. If she missed it she would have to call her Mum for a lift . To catch it she had to use a gated exit, which was shut by day but opened by the caretaker between 3.35-3.45.
On the day of the accident he did not open the gates until 3.53.
In the meantime, pupils climbed over a six-foot fence to get out. The claimant copied them, fell and broke her arm.
The Judge found it was foreseeable, faced with a locked gate, that a 14 year old would do whatever they thought necessary to leave school and avoid trouble at home for getting home late , calling for a lift etc.
The gate should have been open on time and that failure was negligent . No contrib ’.
Kingston upon Hull CC
Thompstone appeals withdrawn
The NHSLA is withdrawing its appeals to the House of Lords in the Thompstone cases. This means that ASHE 6115 will now be regarded as the appropriate measure of indexation for periodical payment orders in respect of future care and case management.
This is excellent news for claimants, and the uncertainty caused by the appeals process is now removed. It reinforces the requirement imposed by CPR 41 that the parties fully consider the option of PPOs in cases involving future care, particularly where there is a major element of this in the claim.