Palmer v Cornwall County Council

Palmer v Cornwall County Council

The school was negligent in providing only one supervisor who was unable to adequately supervise all pupils, particularly years 9 and 10, and proper supervision would likely have deterred the stone throwing incident that caused the appellant's injury.

Parties
Appellant: Palmer; Respondent: Cornwall County Council
Jurisdiction
England and Wales
Judgment Date
21 May 2009
Procedural Posture
Civil Appeal / Appeal From Trial Judgment on Liability
Outcome
Appeal allowed
Legal Topics
Negligence, Duty of Care, Supervision of Pupils, Causation
Tort Law Education Law Negligence Duty of Care Supervision of Pupils Causation

Case Brief

Summary, issues, holding and outcome

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Parties

Palmer

Appellant

Cornwall County Council

Respondent

Procedural Posture

Civil Appeal / Appeal From Trial Judgment on Liability

Legal Issues

  1. 1 Whether the school provided adequate supervision during lunch break
  2. 2 Whether the lack of supervision constituted negligence
  3. 3 Whether negligence caused the injury to the appellant

Ratio Decidendi

The school was negligent in providing only one supervisor who was unable to adequately supervise all pupils, particularly years 9 and 10, and proper supervision would likely have deterred the stone throwing incident that caused the appellant's injury.

Court Disposition

Appeal allowed

Orders

  • Assessment of damages directed if not agreed