Ahmed v MacLean [2016] EWHC 2798 (QB) (10 November 2016)

Ahmed v MacLean [2016] EWHC 2798 (QB) (10 November 2016)

The defendant failed to exercise reasonable skill and care in providing mountain bike tuition to the claimant. He did not adequately assess the claimant's abilities, did not provide sufficient instruction or training in essential skills before exposing the claimant to a hazardous slope, and did not tailor the course to the least able participant. This breach of duty caused the claimant's injuries. The claimant was not contributorily negligent.

Citation
[2016] EWHC 2798 (QB)
Parties
Claimant: Mr Asif Ahmed; Defendant: Mr Leon MacLean
Jurisdiction
England and Wales
Judgment Date
10 November 2016
Procedural Posture
Personal Injury Negligence/breach of Contract / Liability Trial (split Trial on Liability Only)
Outcome
Judgment for the claimant on liability; defendant found liable in negligence and breach of contract; no contributory negligence.
Legal Topics
Negligence, Breach of Contract, Duty of Care, Sports Injury, Standard of Care, Implied Terms, Recreational Activities
Tort Law Contract Law Personal Injury Negligence Breach of Contract Duty of Care Sports Injury Standard of Care +2 more

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Parties

Mr Asif Ahmed

Claimant

Mr Leon MacLean

Defendant

Procedural Posture

Personal Injury Negligence/breach of Contract / Liability Trial (split Trial on Liability Only)

Legal Issues

  1. 1 Whether the defendant failed to exercise reasonable skill and care in providing mountain bike tuition to the claimant
  2. 2 Whether the claimant was wholly or partly responsible for his own injuries

Ratio Decidendi

The defendant failed to exercise reasonable skill and care in providing mountain bike tuition to the claimant. He did not adequately assess the claimant's abilities, did not provide sufficient instruction or training in essential skills before exposing the claimant to a hazardous slope, and did not tailor the course to the least able participant. This breach of duty caused the claimant's injuries. The claimant was not contributorily negligent.

Court Disposition

Judgment for the claimant on liability; defendant found liable in negligence and breach of contract; no contributory negligence.

Orders

  • Claimant to recover damages to be assessed.
  • Costs to be determined.