header-logo header-logo

11 December 2008 / Elizabeth Wale
Issue: 7349 / Categories: Features , Damages
printer mail-detail

Update from the courts

Elizabeth Wale reports on high-risk sports and contributory negligence

Those who are limbering up for their annual skiing holiday may wish to pay heed to Mr Justice Foskett’s comments in Anderson v Lyotier and Portejoie [2008] EWHC 2790, [2008] All ER (D) 216 (Nov). Sitting in the Queen’s Bench Division Foskett J considered the duties of a ski instructor who had taken his adult pupils off -piste resulting in the claimant sustaining serious injury rendering him tetraplegic when he lost control of his skies and collided with a tree.

Off-piste activity
The claimant and his group, all of whom had skied previously, were assigned to Mr Portejoie for the duration of their holiday which had been booked with the first defendant’s company. On day three of the holiday the group progressed onto red pistes and had a first taste of off -piste skiing. The claimant struggled with it and bumped into a tree—this was not witnessed by Mr Portejoie. The rest of the group skied both on and off -piste and over moguls over the next two days. Some of the off -piste runs

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll