Catherine Leech reflects on the impact of Woodland on liability & arguments for a non-delegable duty of care
The recent judgment of Mr Justice Blake (handed down 13 February 2015) in the case of Woodland v Maxwell and another [2015] EWHC 273 (QB), [2015] All ER (D) 162 (Feb) reinforces the importance of this case as a truly landmark case following the decision in 2013 of the Supreme Court in the same matter ([2013] UKSC 66, [2014] 1 All ER 482).
Annie Woodland was with other children from Whitmore Junior School on 5 July 2000 with the advanced group having swimming lessons in the main pool at Gloucester Park, Basildon. She was 10 years old and the other members of her group were a similar age. Annie suffered a cardiac arrest and brain injury caused through lack of oxygen as a result of a near drowning episode which was not spotted quickly by the swimming teacher for her group nor the lifeguard on duty.
The recent trial before Blake J was on the issue of liability and causation as it had not been accepted
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