Practice and Procedure

R v UPPER BAY LTD (2010)

PUBLISHED March 2, 2010

[2010] EWCA Crim 495

The duty of a parent to supervise his child was concurrent with the duty of an employer to conduct its undertaking so as to ensure that persons not in its employment were not exposed to health or safety risks. Where a parent had breached his duty to supervise his child at a swimming pool, that did not absolve the swimming pool operator from responsibility when the child suffered severe brain damage after almost drowning.

CA (Crim Div) (Lord Judge LCJ, Roderick Evans J, Griffith Williams J)