Barrie v Cardiff County Council [2001] EWCA Civ 703 (9 May 2001)

Barrie v Cardiff County Council [2001] EWCA Civ 703 (9 May 2001)

The presence of a 15mm concrete fillet in a school playground used by infants did not constitute a breach of duty by the local authority, as danger could not reasonably have been anticipated from its continued use, given the absence of previous accidents and the nature of the playground.

Citation
[2001] EWCA Civ 703
Parties
Claimant/respondent: Samantha Barrie (A Minor by her mother and next friend Sharon Shackell); Defendant/appellant: Cardiff County Council
Jurisdiction
England and Wales
Judgment Date
09 May 2001
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed
Legal Topics
Occupiers' Liability, Standard of Care, Duty of Care, Playground Accidents
Tort Law Personal Injury Occupiers' Liability Standard of Care Duty of Care Playground Accidents

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Parties

Samantha Barrie (A Minor by her mother and next friend Sharon Shackell)

Claimant/respondent

Cardiff County Council

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the defendant local authority breached its duty of care to the claimant by allowing a 15mm concrete fillet in a school playground used by infants.

Ratio Decidendi

The presence of a 15mm concrete fillet in a school playground used by infants did not constitute a breach of duty by the local authority, as danger could not reasonably have been anticipated from its continued use, given the absence of previous accidents and the nature of the playground.

Court Disposition

Appeal allowed

Orders

  • Judgment for the defendant/appellant
  • No order as to costs except the interim payment of £1000 to the respondent is to stand