Jurisdiction(s):
United Kingdom

Crazy golf injury: High Court clarifies parents' and organisers' duties to instruct and supervise children—Bosworth Water Trust v SSR [2018] EWHC 444 (QB), England and Wales

Published on: 22 March 2018

Published by a LexisNexis PI & Clinical Negligence expert

Legal News

Article summary

Bosworth Water Trust v SSR and others [2018] EWHC 444 (QB) What are the practical implications of the case?

Children are recognised and expected to be less cautious than adults. Still, they should be afforded chances to take part in activities that offer both enjoyment and exercise. They are entitled to be given the opportunity to participate in such pursuits. Where such activities, however simple, present a reasonably foreseeable risk of injury, the law imposes a duty upon a parent, those acting in locus parentis, or organisers of those activities, to take reasonable care. That duty will often only be satisfied where it can be shown that proper instructions and/or supervision were provided. Harris v Perry [2008] EWCA Civ 907, [2008] All ER (D) 415 (Jul) — the ‘bouncy castle’ case — was widely regarded as a welcome departure from the supposed ‘cotton wool culture’ said to be stopping children from experiencing managed risk. The ruling in Bosworth Water Trust serves as a reminder that a duty always exists, and the true question concerns the content of that duty and whether, on the facts, it has been fulfilled. In Bosworth Water Trust the court was satisfied that a parent supervising...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...