On 14 December 2011, the Court of Appeal in an ex tempore judgment (Ducasse v Melbry Events) held that Santa and/or one of his Elves had been negligent in failing to spot an icicle on the floor of his grotto over which the claimant tripped, causing a leg injury. The defendant operator of the grotto (no doubt, a corporate device used by St Nick to protect North Pole assets from seizure in execution) was held to have breached its occupier’s duty of care. From a Lawtel summary of the decision, it appears that the Court was impressed with the safety system used by Santa and the Elf (which had required Santa to check for debris from his throne), but concluded that it was possible that Santa and the Elf were not as careful in the taking of precautions as they should have been.

So, after his success in Miracle on 34^th Street, Santa finds himself on the losing side.

Happy Christmas to all list members.

Best wishes

Andrew

ANDREW DICKINSON | Professor in Private International Law

Faculty of Law

THE UNIVERSITY OF SYDNEY

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