Holiday Company Liable for Injury during Organised Game

Rebecca Osborne v Bourne Leisure Ltd (2019) CC (Winchester) (Judge Iain Hughes QC) 26/02/2019

A defendant leisure resort owner was found liable after a guest sustained an injury whilst participating in an organised game at the defendant's premises.

The facts

The claimant was on holiday staying at the defendant’s resort and had visited the entertainment area. Throughout the evening, stage acts were interspersed with games involving the audience.

Raising the Threshold for Defamation -  Test Case heard by the Supreme Court  

Lachaux v Independent Print Ltd & Anor (2019)[2019] UKSC 27

For the first time the Supreme Court has considered the meaning and effect of the “serious harm” requirement in section 1(1) of the Defamation Act 2013. 

ADEPT Publishes Pothole Guidance

The Association of Directors of Environment, Economy, Planning and Transport (ADEPT) have published an advice note - ‘Potholes – a Repair Guide'.  The research was commissioned by the Department for Transport following the severe weather of the 2017/18 winter, which caused a dramatic increase in the number of potholes and in turn placed increased pressure on local highway authorities.

Employer Not Vicariously Liable for Partygoer at Staff Christmas Party

Sandra Shelbourne v Cancer Research UK (2019)[2019] EWHC 842 (QB)

The High Court has considered the liability of an employer after an employee was injured at an office Christmas party by another partygoer.

The facts

In December 2012, a Christmas party was held at the Cambridge Research Institute of Cancer Research UK (CRUK), a well-known charity.  

Caution when Admitting Liability

Royal Automobile Club Ltd v Catherine Wright (2019)EWHC 913 (QB)

The High Court has concluded that an application by a defendant in a personal injury claim to withdraw an earlier admission of liability had rightly been rejected.

The claimant brought a claim against her employer after she suffered injury when she fell on a flight of stairs at her place of work.  

Regulatory Roundup

• Football club fined after tragic death of a volunteer

• Failure to remove asbestos safely results in fine for construction company and its director

• Suspended Prison Sentence for Work at Height Failings  

Forbes at Trial: Jogger’s Claim Fails to Make Winning Line

Derbyshire v TMBC

The claimant alleged he was jogging along the road when he twisted his foot on a defect and suffered a personal injury. He brought a claim against the local authority.

The claimant had been jogging on a hatched area at the side of a carriageway, which was unpaved and around 200m long. He described that he had entered the hatched area, as there was no footway.  There was some loose gravel and so in order to avoid it he ran along the white line. 

Forbes at Trial: Let’s Twist Again - Defendant not liable for fairground injury

Cullum v Rainbow Amusement Park Ltd

A claimant brought a claim for personal injury after she alleged that she had been injured whilst riding on the “Twist” fairground ride at the defendant’s Amusement Park.