Wall v British Canoe Union [30.07.15]
Stephen Wall died in a canoeing accident on 2 January 2012. His widow brought a claim against the UK governing body for canoeing. She alleged that, in preparing to undertake the trip, the deceased had relied on the description and guidance for navigating a particular weir in a guide produced by the Defendant. His Honour Judge Lopez struck out the Claimant’s Particulars of Claim as disclosing no reasonable grounds for bringing the claim. There was no relationship of proximity between the deceased and the Defendant such as to make it fair, just and reasonable to impose a duty of care. The Claimant was ordered to pay the Defendant’s costs. Where a claimant’s claim had been struck out, qualified one-way costs shifting did not apply.