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Ashford v Somerset County Council




LTL 1/3/2011

2011-03-04

Interpretation of a school's duty to its pupils under Reg. 17(3) Education (School Premises) Regulations 1999.
 
The 9 year old Claimant trapped his finger in an ordinary door at school. He brought an action against the school under the 1999, Regulations, the Occupiers' Liability Act 1957 and in negligence claiming amongst other things that the door should have been fitted with hinge protectors. The claim was dismissed.
 
The Claimant then appealed and alleged that the first instance judge had erred in law by, introducing a concept of forseeability into the school's duty under Reg. 17(3) Education (School Premises) Regulations 1999, not finding the door was "unsafe" and finding the school's risk assessment was adequate.
 
Permission for the appeal was refused however, and HHJ Denyer QC stated that had he granted it, he would have dismissed all grounds of the appeal.