Particulars of claim—adventure activity where a participant was injured in a fall
Produced in partnership with David Green of 12 King's Bench Walk
Particulars of claim—adventure activity where a participant was injured in a fall

The following PI & Clinical Negligence precedent produced in partnership with David Green of 12 King's Bench Walk provides comprehensive and up to date legal information covering:

  • Particulars of claim—adventure activity where a participant was injured in a fall

IN THE COUNTY COURT AT [insert]Claim No: [insert claim number]

Parties:

  1. A B        Claimant

  1. -and-

  1. C D ADVENTURE ACTIVITIES LIMITED        Defendant

___________________________________________________________________

PARTICULARS OF CLAIM

___________________________________________________________________

  1. Introduction

    1. 1

      This is a claim for personal injuries arising from an accident suffered on [eg 1 February 2017].

    1. 2

      The Defendant company provides “adventure experiences”. The Claimant was its customer.

    Enterprise Act 2013: effect on statutory duties

    1. 3

      The Claimant notes and avers that:

      1. 3.1

        Section 69 of the Enterprise and Regulatory Reform Act 2013 removes a direct right of civil action for breach of statutory duty founded on a Regulation issued pursuant to section 15(1) of the Health and Safety at Work etc Act 1974;

      1. 3.2

        Nevertheless, those Regulations remain in force, are binding on the Defendant insofar as they impose duties on employers to persons other than their employees, and a breach of any one of them is strictly an offence;

      1. 3.3

        This being the case, the standard of the Defendant’s undoubted duty at common law in negligence is informed, described and extended by those Regulations, such that a breach of any of those Regulations is prima facie evidence of a breach of the Defendant’s common law duty;

      1. 3.4

        In any case, for convenience and for the avoidance of doubt, reference in these Particulars to a breach of any of those Regulations should be read as also averring a concomitant breach of

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