Gwilliam v West Hertfordshire Hospital NHS Trust [2003] QB 443

Facts:

  • 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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