Dear all,

On the inevitable 'elf-n-safety' (sorry) issues, have a look at
http://legalbizzle.wordpress.com/2011/12/13/the-santa-claus-letters-2-elf-n-safety/

Eoin.


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Dr Eoin O'Dell

School of Law, Trinity College, Dublin 2, Ireland.

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________________________________________
From: Donald Macdonald [d.r.macdonald@dundee.ac.uk]
Sent: 16 December 2011 10:34
To: Andrew Dickinson; obligations@uwo.ca
Subject: Re: Santa guilty of negligence?

Careful analysis shows that Santa apparently only has one elf, something which can only be possible since the UK has opted out of the EU Working time Directive. The full judgment will no doubt devote some subordinate Clauses to this point. And the claimant was an elderly lady looking for an exciting day out - presumably no-one has ever told her that S.C. is actually a legal fiction?

Ross Macdonald

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>>> Andrew Dickinson <andrew.dickinson@sydney.edu.au> 12/16/2011 9:57 am >>>
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 34th 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

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