The Scout Association v Barnes [2010] EWCA Civ 1476 (21 December 2010)
Citation:The Scout Association v Barnes [2010] EWCA Civ 1476 (21 December 2010)
Rule of thumb: If a child is injured playing a novel set up by adults, like at the scouts, is this a claim? If the game was particularly dangerous, such as with people being blindfolded & running, then, yes, it may be a claim.
Judgment:
The facts of this case were that the scouts were playing a game where they had to collect blocks from the middle of the hall in the dark, and the person who did not collect one was eliminated. One of the players was chasing a block that had been kicked away and the player was chasing it they did not see a bench hanging down, and so the player ran into the bench and suffered a concussion. This was a case that generated divided opinions on the bench. It was held overall that the game was made overly dangerous by the lights being put out, and that the benefits of the game outweighed the risks players were taking with it, meaning that it was deemed to be a breach, ‘Of course, the law of tort must not interfere with activities just because they carry some risk. Of course, the law of tort must not stamp out socially desirable activities. But whether the social benefit of an activity is such that the degree of risk it entails is acceptable is a question of fact, degree and judgment, which must be decided on an individual basis and not by a broad brush approach. That is what this judge did, and in my view, his conclusion should be respected’, Lady Justice Smith at 49
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