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03 March 2011 / Meghann McTague
Issue: 7455 / Categories: Features , Health & safety , Personal injury
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Tumbles, tussles & toggles

Meghann McTague summarises the outcome of a fun day, a fight & fallout from a Scout game

In Robert Lee Uren v (1) Corporate Leisure (UK) Ltd (2) Ministry of Defence [2011] EWCA Civ 66, [2011] All ER (D) 49 (Feb) the appellant appealed against the dismissal of his claim for damages by Mr Justice Field.

The claim arose out of an accident at a “Health and Fun” day at the RAF base where the appellant was stationed. The first defendant was an events company which supplied the equipment and supervising staff for the fun day. The second defendant was the claimant’s employer.

The second respondent cross-appealed the decision that there was a non-delegable duty to carry out a risk assessment.

The first appellant had supplied an inflatable “it’s a knockout” style obstacle course. Part of which included an inflatable pool filled to a low level with water and plastic balls. The aim of this part of the competition was for the participant to enter the pool and retrieve a piece of plastic fruit. The appellant entered the ball pool head first

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