Foster J handed down judgment in Norfolk CC v Durrant  EWHC 3590 (QB) on 30 December 2020, in which she allowed the Defendant’s appeal on the basis that the trial judge had failed to address causation in an employer’s liability personal injury claim. The Claimant was a teaching assistant who was assaulted by a 6 year old pupil. At first instance Recorder Rogers found a breach of duty arising from a failure to risk assess, but failed to address causation in her judgment (despite being invited to do so). On appeal Foster J found that the trial judge had failed to address causation and that, in any event, there would have been no evidential basis for finding that such a ‘formal assessment’ would have avoided the incident.
Lisa Dobie represented Norfolk County Council at first instance and on appeal. She was instructed by Browne Jacobson LLP (Nottingham).
You can read the full judgment here.