PI Brief Update

Liability of Schools for Extra-Curricular Activities - Tim Kevan

18/07/12. After Mountford, is the tide now receding on schools liability as they are held not responsible for accidents both on Dartmoor and a golf course? A few years ago I was counsel for the respondent in Mountford v Newlands School (CA) [2007] ELR 256 in which the Court of Appeal held that a school had been in breach of its duty of care in selecting an older player in a school rugby match. This may well have made schools sit up and really take notice as to their liabilities to pupils for school sports and other extra-curricular activities. But two cases which have recently decided may point to Mountford being the high water mark for schools liability. 

Wilkin-Shaw v Kingsley School
Pretty much all injury cases are upsetting for the victims and their families, but some are so tragic that you feel sorry for anyone who had any involvement at all. This is true for the case of Jennifer Wilkin-Shaw (administrix of the estate of Charlotte Shaw deceased v Christopher Fuller and Kingsley School Bideford Enterprises (formerly known as Edgehill College Enterprises Limited) in which Charlotte Shaw died in a terrible accident on Dartmoor whilst training for the Ten Tors in 2007. For that reason I don’t intend to rehearse all of the details of the case, many of which can be found in the judgment of Owen J at BAILII. Briefly, Charlotte Shaw was 14 years old and died crossing a brook which had swollen with the rain. The evidence was that the group met a third party who showed them where another group had previously crossed.

Image cc flickr.com/photos/herry/

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