In Scout Association v Barnes [2010] EWCA Civ 1476, the Court of Appeal looked into the issue of balancing the risks of games played by the Scouts with their social value in determining a breach of duty.  The brief facts were that the claimant, aged 13, hit his head against the wall when playing a [...]

In Swain v Geoffrey Osborne & Anor [2010] EWHC 1108 (QB), Foskett J held that a subcontractor with responsibility for ground-works on a building site was liable for personal injuries sustained by the claimant who had slipped on mud near to the site due to the failure to implement an effective system to ensure that [...]

Levicom International Holdings BV and another v Linklaters [2010] EWCA Civ 494 is authority for the proposition that when a solicitor gives advice that his client has a strong case to start litigation – rather than settle – and the client then does just that, then normal inference is that the advice is causative.  That [...]

I have come across two cases on the law of negligence that, even in the current climate of the compensation culture, judges have resisted the need to depart from the general principles of negligence.  In Parker v TUI UK Ltd [2009] EWCA Civ 1261, the claimant was injured when taking part in a tobogganing event [...]