Thanks Andrew! The best press report I have seen (ie the one with the most pictures! the victim seems to have agreed to pose for one in the grotto...) seems to be http://www.dailymail.co.uk/news/article-2074940/Grandmother-line-30-000-damages-Santa-little-helper-blamed-Selfridges-grotto-fall.html?ito=feeds-newsxml . No luck with finding the judgment yet. I am guessing it might be one that won't be reported....
Cheers
Neil



Neil Foster
Senior Lecturer
Newcastle Law School
Faculty of Business & Law
University of Newcastle
Callaghan NSW 2308
AUSTRALIA
ph 02 4921 7430
fax 02 4921 6931

http://www.newcastle.edu.au/staff/profile/neil.foster.html

http://works.bepress.com/neil_foster/




>>> John Randall QC <jrandall@st-philips.com> 12/16/11 2:56 PM >>>
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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-----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-el
f-n-safety/



Eoin.





--------------------------------------------------------------

Dr Eoin O'Dell



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



+353-87-202 1120 (mb) // http://www.cearta.ie

+353-1-677 0449 (fax) // http://cearta.poserous.com

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All opinions are personal: no legal responsibility is accepted

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if you have received this in error, let me know and delete it.

Please think 'green' before printing. Thanks.

________________________________________

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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Please consider the environment. Do you really need to print this email?





>>> 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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