Description
By way of determination of a preliminary issue, Langstaff J rejected the Claimant pupil's claim that the Defendant local education authority (which ran her school) owed her a non-delegable duty of care. Accordingly, Langstaff J held that the school was not liable for the alleged negligence of a lifeguard not employed by the school and thus the personal injuries sustained by the Claimant in the course of a swimming lesson.