It will of course be appreciated that this was a decision of Three Wise Men.

 

Happy Christmas!

 

John

 

JOHN RANDALL QC

 

St Philips Chambers

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Birmingham B2 5LS

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Tel  +44 (0)121 246 7000 (DDI 246 2126)

Fax  +44 (0)121 246 7001

Email jr@st-philips.com

 

 

-----Original Message-----
From: Eoin O'Dell [mailto:ODELLE@tcd.ie]
Sent: 16 December 2011 10:39
To: obligations@uwo.ca
Subject: RE: Santa guilty of negligence?

 

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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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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