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31/07/2008
Bouncy Castle Couple Win Appeal
A couple have won an appeal against a previous finding of liability for serious injury to a boy while he was on a bouncy castle they had hired.
The victim, Sam Harris, suffered a depressed skull fracture when an older and heavier boy, aged 15, kicked his head whilst they somersaulted in the castle.
Sam, now 13, had been attending a birthday party for triplets at the home of Timothy and Catherine Perry, who had hired the play-castle, in Stood, Kent in 2005.
In May, Mr Justice David Steel found that Mr and Mrs Perry had "not provided enough supervision" and that he found it "probable" that Mrs Perry had given Sam permission to use the castle, but that the level of supervision was "inadequate".
Sam was awarded damages - for which Mr and Mrs Perry are insured - in excess of £1 million.
The High Court heard that the accident occurred when Mrs Perry had gone to help another child on another inflatable.
At the Appeal, Graham Eklund QC said it was "wrong to find that uninterrupted supervision from a permanent look-out or a constant watch was necessary.
The defence team said that the judge had applied the "wrong test to the conduct" of Mrs Perry and the three Appeal Court judges ruled on Thursday it was in fact a freak accident.
Sam's mother Janet, of Long Lane, Gedney Hill, said that the initial case only went to court because she and her husband David wanted to obtain damages for their son, who now suffers from Asperger syndrome and needs round-the-clock care.
(DS)(BMcC)
The victim, Sam Harris, suffered a depressed skull fracture when an older and heavier boy, aged 15, kicked his head whilst they somersaulted in the castle.
Sam, now 13, had been attending a birthday party for triplets at the home of Timothy and Catherine Perry, who had hired the play-castle, in Stood, Kent in 2005.
In May, Mr Justice David Steel found that Mr and Mrs Perry had "not provided enough supervision" and that he found it "probable" that Mrs Perry had given Sam permission to use the castle, but that the level of supervision was "inadequate".
Sam was awarded damages - for which Mr and Mrs Perry are insured - in excess of £1 million.
The High Court heard that the accident occurred when Mrs Perry had gone to help another child on another inflatable.
At the Appeal, Graham Eklund QC said it was "wrong to find that uninterrupted supervision from a permanent look-out or a constant watch was necessary.
The defence team said that the judge had applied the "wrong test to the conduct" of Mrs Perry and the three Appeal Court judges ruled on Thursday it was in fact a freak accident.
Sam's mother Janet, of Long Lane, Gedney Hill, said that the initial case only went to court because she and her husband David wanted to obtain damages for their son, who now suffers from Asperger syndrome and needs round-the-clock care.
(DS)(BMcC)
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08 May 2008
Brain Injury Victim Wins Damages
A boy who was left brain damaged after an accident on a fun bouncy castle has been awarded damages. Sam Harris, 13, of Spalding, Lincolnshire, suffered a depressed skull fracture when an older and heavier 15-year-old kicked his head whilst they somersaulting in the castle.
Brain Injury Victim Wins Damages
A boy who was left brain damaged after an accident on a fun bouncy castle has been awarded damages. Sam Harris, 13, of Spalding, Lincolnshire, suffered a depressed skull fracture when an older and heavier 15-year-old kicked his head whilst they somersaulting in the castle.
18 July 2012
Katy Perry And Justin Bieber Spot Cream Ad Banned
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Katy Perry And Justin Bieber Spot Cream Ad Banned
The advertising watchdog has banned a TV campaign featuring stars including Katy Perry and Justin Bieber promoting a spot cream. The celebrities appear in a television campaign and on the website of pimple cream Proactiv, along with other US celebrities, providing testimonials for the product.
17 May 2012
Sam Hallam Walks Free From Appeal Court
Having already served seven years of a life sentence Sam Hallam has been freed by the court of appeal, making him one of the youngest victims of a miscarriage of justice.
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03 July 2012
Lawyer Shot In Head At Desk
A lawyer is fighting for his life in hospital after being shot in the head while he sat at his desk in a quiet market town. James Ward, 59, is understood to have "life-threatening" injuries after the attack, which onlookers said was carried out by a man in tweeds.
Lawyer Shot In Head At Desk
A lawyer is fighting for his life in hospital after being shot in the head while he sat at his desk in a quiet market town. James Ward, 59, is understood to have "life-threatening" injuries after the attack, which onlookers said was carried out by a man in tweeds.
12 March 2012
Ruling Expected For "Locked-In Syndrome" Patient
The high court is due to rule on whether or not a man with “locked-in syndrome” should be allowed to proceed with ending his life. Tony Nicklinson, 57, suffered a stroke in 2005 and has been severely disabled since. He suffers from locked-in syndrome, which means that while his body is completely paralysed his mind is still active.
Ruling Expected For "Locked-In Syndrome" Patient
The high court is due to rule on whether or not a man with “locked-in syndrome” should be allowed to proceed with ending his life. Tony Nicklinson, 57, suffered a stroke in 2005 and has been severely disabled since. He suffers from locked-in syndrome, which means that while his body is completely paralysed his mind is still active.
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