Wilkin -Shaw v Fuller & Ors

Wilkin -Shaw v Fuller & Ors

The defendants were not in breach of their duty of care. The training, supervision, and instructions provided met the required standard. Even if there had been a breach, the intervention of Mr Wills, an independent third party, broke the chain of causation and was not reasonably foreseeable. Therefore, the defendants are not liable for the death of Charlotte Shaw.

Parties
Claimant: Jennifer Wilkin-Shaw (Administratrix of the Estate of Charlotte Shaw (Deceased)); First Defendant: Christopher Fuller; Second Defendant: Kingsley School Bideford Enterprises Limited (formerly Edgehill College Enterprises Limited)
Jurisdiction
England and Wales
Judgment Date
28 June 2012
Procedural Posture
Civil Negligence (personal Injury and Fatal Accident) / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Negligence, Duty of Care, Vicarious Liability, Causation, Novus Actus Interveniens, Personal Injury, Psychiatric Injury, Outdoor Activities Liability
Tort Law Education Law Negligence Duty of Care Vicarious Liability Causation Novus Actus Interveniens Personal Injury +2 more

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Parties

Jennifer Wilkin-Shaw (Administratrix of the Estate of Charlotte Shaw (Deceased))

Claimant

Christopher Fuller

First Defendant

Kingsley School Bideford Enterprises Limited (formerly Edgehill College Enterprises Limited)

Second Defendant

Procedural Posture

Civil Negligence (personal Injury and Fatal Accident) / High Court Judgment

Legal Issues

  1. 1 Whether the defendants breached their duty of care to the deceased during a school-organised outdoor activity
  2. 2 Whether the school ensured the competence of staff supervising the activity
  3. 3 Whether the intervention of a third party (Mr Wills) broke the chain of causation (novus actus interveniens)

Ratio Decidendi

The defendants were not in breach of their duty of care. The training, supervision, and instructions provided met the required standard. Even if there had been a breach, the intervention of Mr Wills, an independent third party, broke the chain of causation and was not reasonably foreseeable. Therefore, the defendants are not liable for the death of Charlotte Shaw.

Court Disposition

Claim dismissed