MM v Newlands School & Anor [2007] EWCA Civ 21 (24 January 2007)

MM v Newlands School & Anor [2007] EWCA Civ 21 (24 January 2007)

The failure of the schoolmaster to apply or justify a departure from the age rule in selecting an over-age player amounted to negligence, as the rule existed to protect younger, less mature players from increased risk of injury posed by older, more mature players. The presence of the over-age player materially increased the risk, and that risk eventuated in MM's injury, establishing both breach and causation.

Citation
[2007] EWCA Civ 21
Parties
Respondent: MM; Appellants: Newlands School and Anr
Jurisdiction
England and Wales
Judgment Date
24 January 2007
Procedural Posture
Appeal / Court of Appeal (civil Division) Judgment
Outcome
Appeal dismissed
Legal Topics
Negligence, Duty of Care, Vicarious Liability, Causation, Sports Injuries, School Liability
Tort Law Education Law Negligence Duty of Care Vicarious Liability Causation Sports Injuries School Liability

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

MM

Respondent

Newlands School and Anr

Appellants

Procedural Posture

Appeal / Court of Appeal (civil Division) Judgment

Legal Issues

  1. 1 Whether the selection of an over-age player in a junior rugby match constituted a breach of duty of care by the schoolmaster and vicarious liability of the school
  2. 2 Whether the breach of duty caused the claimant's injury

Ratio Decidendi

The failure of the schoolmaster to apply or justify a departure from the age rule in selecting an over-age player amounted to negligence, as the rule existed to protect younger, less mature players from increased risk of injury posed by older, more mature players. The presence of the over-age player materially increased the risk, and that risk eventuated in MM's injury, establishing both breach and causation.

Court Disposition

Appeal dismissed

Orders

  • Judgment for the respondent (MM)
  • No cross-appeal entertained