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Court of Appeal grants two appeals, and directs retrial, of the High Court’s dismissal of two distinct personal injury actions that arose in almost identical circumstances of a fractured ankle caused by getting off a playground swing, on the grounds that the trial judge erred in concluding that the swing in question complied with the British standards, and that the adults were prohibited from using the swing when accompanying a small child.
Personal injuries - appeal of two decisions of the High Court dismissing claim – two near identical claims for fractured ankle caused by an adult getting off a swing in a playground – whether the trial judge erred in concluding the swing in question complied with the British standards – whether the trial judge erred in concluding that adults were prohibited from using the swing when accompanying a small child – Court upholds both grounds of appeal – Appeal successful – retiral ordered.
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