General - News
Happy New Year!
Monday, January 5th, 2009
It looks as if 2009 is going to be a difficult year for many families and businesses.
Do not forget that we are here to help all our clients with value for money solutions to legal problems.
We are offering special reduced rate telephone advice consultations so if you are worried about problems with property, divorce, employment or about protecting your wealth then speak to us now.
If you would like a telephone consultation on a legal problem at a low fixed price per minute then for
advice about
- employment problems, or
- disputes
contact Jonathan Friend
and for
- property advice,
- family problems or divorce
- and all other matters
contact Marie Stock
We wish all of our clients and colleagues a Happy and successful New Year.
Boy Injured on Bouncy Castle – Judgment Overturned
Monday, August 4th, 2008
Boy Injured on Bouncy Castle – Judgment Overturned
The Court of Appeal has overturned the High Court’s ruling that a boy who suffered brain damage after he was kicked in the head while playing on a bouncy castle should be awarded compensation that could have amounted to £1 million.
Sam Harris, who was 11 years old at the time of the accident, had been playing on a bouncy castle set up in a field behind the home of Catherine and Timothy Perry. The Perrys had hired a bouncy castle and a bungee run for their triplets’ birthday party. Sam, who was passing with his father, asked Catherine Perry if he could join in.
Whilst on the bouncy castle Sam was kicked in the head by a 15-year-old boy doing a somersault. Sam’s skull was fractured and he suffered a very serious and traumatic brain injury. As a result, he now has severe behavioural problems and requires round the clock care.
In May, the High Court found the Perrys liable for damages. In its view, the accident had been caused because they had not provided adequate supervision for the children playing on the bouncy castle and the bungee run. The Court found that there should have been someone there to prevent the older boy from using the bouncy castle at the same time as the younger children and to ensure that dangerous play was prevented. The hire contract for the castle also stipulated that it should be under constant supervision whilst in use. At the time of the accident, Mrs Perry had her back turned away from the castle while attending to a child on the bungee run.
The Perrys appealed against the High Court’s decision, arguing that they had acted no differently from parents up and down the country.
The Court of Appeal judged that Mrs Perry could not be blamed for what was a ‘freak and tragic accident’. Lord Chief Justice Lord Phillips said, “The manner in which she was supervising activities on the bouncy castle and the bungee run accorded with the demands of reasonable care for the children using them.” He added, “It is quite impractical for parents to keep children under constant surveillance or even supervision and it would not be in the public interest for the law to impose a duty upon them to do so.”
The Court judged that Mrs Perry had acted reasonably in thinking that she could supervise both play activities at the same time and the injury sustained by Sam, whilst severe, could not reasonably have been foreseen.
As a result of this ruling, Sam will not receive compensation for his injury. However, it is thought likely that his parents will apply to take his case to the House of Lords, despite the Court of Appeal having refused their request for permission to appeal.
Cancer Research Race for Life 2008
Thursday, June 26th, 2008
15 members of the firm took part in the Race for Life 2008 in Stanmer Park Brighton raising money for Cancer Research on Sunday, 22 June. The team joined thousands of other runners in Stanmer Park for the 5K run helping to raise over £250,000.
Some of the members of the Burt Brill & Cardens team
© Copyright 2008 Burt Brill and Cardens Solicitors