School Liable for Brain Damage?

Authors: SImone Horrobin and Matthew Kilgannon:

The recent Supreme Court decision of Woodland v Essex County Council highlights the exposure faced by Schools when engaging third parties to provide services. While the case involved a maintained School, the implications apply equally to independent Schools, indeed, part of the Court’s rationale included reference to fee-paying schools have greater exposure given the contractual nature of the relationship.

The case was brought against the Local Authority on behalf of the appellant who was a school pupil who was injured during a swimming lesson. The lesson took place during the school day however the School did not run the lesson or own the swimming pool where the accident occurred.

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