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PI Brief Update

Does a school owe its pupils a non-delegable duty of care? - Emily Gordon Walker, 12 King’s Bench Walk

21/12/11. This case explores the relationship between local authorities and the bodies that they contract with to perform services for those within their control. Langstaff J undertakes a legal examination of the traditional understanding of relationships giving rise to liability and the extent of those liabilities.  He examines the distinction between primary and vicarious liability and considers whether an extension of the common law is justified on policy grounds.

The claimant was seriously injured during the course of a swimming lesson on 5 July 2000, when she was 10 years old.  The claimant suffered severe hypoxic brain injuries and claimed substantial damages from Essex, the education authority responsible for her school.

The swimming lesson was attended by...

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The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.