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Duty of Care – Football Club
The Claimant was a Season Ticket Holder. The Claimant went to watch the first match of the season arriving 2 hours before kick off. 5 yards from the gate into the car park and straight outside it was a man hole cover set in the pavement and forming part of the highway. The cover had been broken – probably by a vehicle leaving the car park or entering that afternoon. Security staff hired by the football club were at the ground all afternoon. One was at the gate to check and record every vehicle entering or leaving. The cover had been damaged while he was present. He ought to have seen or heard the damage but did nothing about it.
When the Claimant arrived it was not marked or sectioned off and there was no warning. The Claimant tripped and sprained his ankle. Subsequently the football club took steps to mark the hazard with traffic cones and board.
Although the hazard was outside the boundary this was not conclusive. The injury was foreseeable and the relationship was one of sufficient proximity to give rise to the duty and it was fair and reasonable to impose that duty.
Judgment in favour of the Claimant.
On Monday 25 November the 2011 SRA Handbook is replaced by the 2019 SRA Standards and Regulations (often referred to as STARS).This is the 26th version of the Code of Conduct for Solicitors.
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Contingent loss is relevant to limitation; specifically, the date at which a claimant’s cause of action accrues for the purposes of a claim in the tort of negligence (as many claims against professional advisers are framed).
The latest update covering delegated authority, insurance product development, the senior insurance managers regime, data protection, operational control frameworks, Lloyds market, and horizon scanning.
We were hoping to be able to give you some interesting insights following the judgment of X v Kuoni Travel Ltd but that will have to wait for another day.
The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.
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