The following PI & Clinical Negligence Q&A produced in partnership with Peter Edwards of Devereux Chambers provides comprehensive and up to date legal information covering:
The issue of whether the imposition of a charge makes a difference to what is reasonable in the circumstances was addressed by the Court of Appeal in the case of Trustees of Portsmouth Youth Activities v Poppleton. The claimant sustained catastrophic injury at a commercial indoor climbing centre, which charged a fee for the use of its facilities, when he attempted a dangerous leap from one climbing wall to another. Leaping from one wall to the other was prohibited by the rules of the climbing centre but the claimant was not shown those rules when he signed in and paid the entrance fee. The actual climbing was not supervised.
In overturning a finding of 25% primary liability that was made against the defendant by the trial judge at first instance (HHJ Richard Foster) the Court of Appeal held, in the lead judgment of May LJ (paragraph 20), that:
‘There being inherent and obvious risks in the activity which Mr Poppleton was voluntarily undertaking, the
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When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction
This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice Note: Estoppel—what,
ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and several in contract is a question of construction
Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of actingBetween[insert petitioner name]Petitionerand[insert respondent name]RespondentTake notice that we [insert name of firm] have been appointed to act as the
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