XVW & YZA v Gravesend Grammar Schools for Girls & Anor

The defendants did not breach their duty of care; the criminal acts of Aaron Juan were not foreseeable or preventable by reasonable measures. The relationship between Aaron and the defendants did not attract vicarious liability. The staffing and supervision arrangements were reasonable and complied with applicable guidance. The claims are dismissed.

Parties: Claimant: XVW; Claimant: YZA; 1st Defendant: Gravesend Grammar Schools for Girls; 2nd Defendant: Adventure Life Signs Ltd
Jurisdiction: England and Wales
Judgment Date: 13 March 2012
Procedural Posture: Civil / Judgment
Outcome: Claims dismissed
Legal Topics: Duty of Care, Vicarious Liability, School Trips, Negligence, Liability for Criminal Acts of Third Parties

Tort Education Law Duty of Care Vicarious Liability School Trips Negligence Liability for Criminal Acts of Third Parties

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 12 Party arguments 2 Amounts and remedies 1

Parties

XVW

Claimant

YZA

Claimant

Gravesend Grammar Schools for Girls

1st Defendant

Adventure Life Signs Ltd

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether defendants owed a duty of care to claimants during school expedition
2 Whether defendants breached duty of care by failing to prevent sexual assault
3 Whether defendants are vicariously liable for criminal acts of third party (Aaron Juan)

Ratio Decidendi

Court Disposition

Claims dismissed