There was discussion of the issue of non-delegable duty of care to
which this case gave rise on the list and I therefore thought some of
you might be interested in the judgment on liability, in what is on
any view a really tragic case.

In short, the Plaintiff succeeds and the swimming teacher is held
negligent for failing to note that the Plaintiff was in difficulties
for more than 30 seconds, at paragraph 54.

The length of time which these proceedings took to be determined must
be a matter of concern. So too must the overall length of time which
has passed since this accident occurred (nearly 14 years!)

Kind regards

Ger