Description
A local authority did not owe a non-delegable duty of care to a pupil at its school to ensure her safety when she attended a swimming lesson arranged by the school but provided by a third party
It was held that the Court had not been wrong in striking out the C's claim (Laws L.J dissenting). There was no good reason to move the law on from where it currently stood. A development along the lines sought by the C had to be a matter for the Supreme Court. It was not open to the Court to find that there was a relevant non-delegable duty of care which would lead to liability of the local authority in the event of negligence being found by the provider of the swimming lessons, the lifeguard or the swimming teacher. There had been nothing before the Court to justify such an extension of the existing law. There was no material on the basis of which the court could conclude that the imposition of a duty would be fair, just and reasonable.
