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Leap of faith

04 November 2011 / Lucy Wyles
Issue: 7488 / Categories: Features , Personal injury
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Lucy Wyles dives headfirst into the latest personal injury developments

As Mrs Justice Thirlwall DBE stated in a recent case, there is always risk in swimming and diving, in any pool. It is a sad fact that swimming and diving accidents can result in catastrophic injuries.

Doubtless as a consequence of this, the common law case law is peppered with seminal cases arising from swimming or diving accidents—examples include Tomlinson v Congleton Borough Council [2003] UKHL 47, [2003] 3 All ER 1122 on occupiers’ liability, Evans v Kosmar Village Holidays [2007] EWCA Civ 1003, [2008] 1 All ER 530 on the duties of a tour operator and Owusu v Jackson [2005] QB 801, [2005] 2 All ER (Comm) 577 on jurisdiction.

This article will examine two recent High Court decisions which follow this trend, in that they arose from such accidents, and in which fundamental principles of liability were considered. Both concerned the confines of the duty of care owed to a pool-user.

Grimes v Hawkins

The case of Grimes v Hawkins

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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