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11 December 2008 / Elizabeth Wale
Issue: 7349 / Categories: Features , Damages
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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

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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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