Mullin v Richards & Anor [1997] EWCA Civ 2662 (6th November, 1997)

Mullin v Richards & Anor [1997] EWCA Civ 2662 (6th November, 1997)

There was no evidence that the play involved excessive or dangerous force or that injury was a foreseeable consequence of the conduct of two 15-year-old girls engaging in commonplace school play; thus, the standard of care for a child was not breached and negligence was not established.

Citation
[1997] EWCA Civ 2662
Parties
Plaintiff/respondent: Teresa Jane Mullin; First Defendant/appellant: Heidi Richards; Second Defendant: Birmingham City Council
Jurisdiction
England and Wales
Procedural Posture
Civil Appeal / Appeal From Birmingham County Court
Outcome
Appeal allowed; judgment for first defendant
Legal Topics
Negligence, Standard of Care for Children, Foreseeability, Contributory Negligence
Tort Law Negligence Standard of Care for Children Foreseeability Contributory Negligence

Case Brief

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Parties

Teresa Jane Mullin

Plaintiff/respondent

Heidi Richards

First Defendant/appellant

Birmingham City Council

Second Defendant

Procedural Posture

Civil Appeal / Appeal From Birmingham County Court

Legal Issues

  1. 1 Whether a 15-year-old defendant was negligent in participating in play that resulted in injury
  2. 2 What is the appropriate standard of care for a child in negligence
  3. 3 Whether the injury was foreseeable by a reasonable child of the same age

Ratio Decidendi

There was no evidence that the play involved excessive or dangerous force or that injury was a foreseeable consequence of the conduct of two 15-year-old girls engaging in commonplace school play; thus, the standard of care for a child was not breached and negligence was not established.

Court Disposition

Appeal allowed; judgment for first defendant

Orders

  • Order set aside
  • Judgment entered for first defendant with costs below, not to be enforced without leave