Orchard v Lee [2009] EWCA 295

The claimant was a lunchtime assistant supervisor at a school. One of the pupils – a 13 year old boy – was playing tag with another pupil. In the course of this game he collided with the claimant causing her to sustain injury.

The claimant brought a claim against the pupil in negligence. The claim failed at first instance and the claimant appealed.

The Court of Appeal dismissed the claimant's claim. The schoolboy's conduct was simply the conduct to be expected of a 13 year old boy, and therefore did not amount to conduct in which he would reasonably foresee that there was likely to be injury beyond that normally occurring. This case does not break new ground but is a good reminder to consider what constitutes negligence on the part of an individual.