Robert Weir on how common sense prevailed after a playground incident
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In Orchard v Lee [2009] EWCA 295 Mrs Orchard was working as a lunchtime assistant supervisor at a school. She was with another supervisor and walking outside in an area where the children regularly ran around playing. The defendant was one such 13-year-old boy. He was playing tag with another 13-year-old boy. He could see Orchard and adjusted his course as he ran away from the other boy. He then turned around to taunt his friend while still running, only now backwards. He collided with the claimant.
The claim
Orchard framed her claim against the defendant in negligence. As Orchard was not a participant in the game of tag, no issue of consent was raised. There did not appear to be any issue over the fact that the defendant owed the adult supervisor a duty of care. The case focused on whether the admitted duty of care had been breached.
The lead judgment in the Court of Appeal was given by Lord Justice Waller. He adopted
