Clarke v Hull City Council

Negligence – Duty to take care. The appellant local authority's appeal against a decision awarding damages to the respondent, its former employee, concerning a knee injury he had suffered after being repeatedly kicked by a student at school, was dismissed. The Queen's Bench Division held that the judge had been entitled to find that the respondent had been repeatedly kicked by the student and that there had been a breach of duty, because of another teacher's failure to intervene to prevent the student repeatedly kicking C. The court further ruled that the judge had been right to implicitly find that causation had been established.

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