Gwilliam v West Hertfordshire Hospital NHS Trust [2003] QB 443
Facts:
Ratio:
- C was injured while using a ‘splat wall’ run by an independent contractor at a charity fun day by D.
- C’s injuries were caused by the independent contractor’s negligence whose insurance policy had lapsed and was unable to meet her claim in full.
- C sued D for failing to ensure that the contractor was adequately insured.
Ratio:
- CoA denied C’s claim for the outstanding amount of damages.
- On the facts, D had done enough to discharge their duty and so there was no breach.
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