MM v Newlands School & Anor

MM v Newlands School & Anor

The failure to apply or justify a departure from the ERFSU age rule constituted negligence, and the presence of an older, more mature, and physically larger player materially increased the risk of injury, which eventuated in this case. Thus, both breach of duty and causation were established.

Parties
Respondent: MM; Appellants: Newlands School and Anr
Jurisdiction
England and Wales
Judgment Date
24 January 2007
Procedural Posture
Civil Appeal / Judgment on Appeal From Brighton County Court
Outcome
Appeal dismissed
Legal Topics
Negligence, Duty of Care, Vicarious Liability, Sports Injuries, Causation
Tort Law Education Law Negligence Duty of Care Vicarious Liability Sports Injuries Causation

Case Brief

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Parties

MM

Respondent

Newlands School and Anr

Appellants

Procedural Posture

Civil Appeal / Judgment on Appeal From Brighton County Court

Legal Issues

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

Ratio Decidendi

The failure to apply or justify a departure from the ERFSU age rule constituted negligence, and the presence of an older, more mature, and physically larger player materially increased the risk of injury, which eventuated in this case. Thus, both breach of duty and causation were established.

Court Disposition

Appeal dismissed

Orders

  • Judgment for the claimant is upheld
  • No cross-appeal considered