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26 June 2009 / Brent Mcdonald
Issue: 7375 / Categories: Features , Personal injury
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Knowing the limits

Brent McDonald examines pupils’ supervision in school, setting aside consent orders & the latest case on limitation

In Palmer v Cornwall County Council [2009] EWCA Civ 456, [2009] All ER (D) 191 (May) which comes shortly after Orchard v Lee [2009] EWCA Civ 295, [2009] All ER (D) 39 (Apr), the Court of Appeal was again asked to consider the liability of schools for injuries caused by the activities of pupils at playtime.

The play area designated for years 9 and 10 was at one end of a field, with the area designated for years 7 and 8 at the other end. Each area was about the size of a football pitch. The claimant, who was aged 14½ and was therefore in year 9, was playing outside during a lunch break, having just been released from detention. Only 15 minutes of playtime remained.
One of the claimant’s fellow pupils had strewn food on the ground in order to tempt seagulls to swoop down. As the birds attempted to pickup the food, he then attempted to throw stones or rocks at them. In doing so he

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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