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Decision is due in swim injury case
6:00am Tuesday 22nd October 2013 in News
A WOMAN from Basildon who nearly drowned during a swimming lesson 13 years ago will find out this week if she has won her case against Essex County Council.
Annie Woodland was a tenyear- old pupil at Whitmore Junior School, in Basildon, when she had to be pulled from the water and resuscitated at Gloucester Park pool in July 2000.
She was left with severe learning difficulties.
A hearing at the Supreme Court in July heard the school had contracted Direct Swimming Services to give pupils lessons, but not all of the swimming teachers present had insurance.
Lawyers acting for Miss Woodland argued the school owed her a duty of care covering all mainstream activities.
Both the High Court and Court of Appeal have previously ruled in favour of Essex County Council, which had insisted it should be allowed to contract out swimming and would not be liable for any negligence of its chosen teachers.
Five judges at the Supreme Court are due to deliver their decision on Wednesday.
Catherine Leech, a partner in the personal injury department at Pannone Solicitors, which is acting for Miss Woodland, said the judgment would be of significance to parents and local education authorities alike.
She added: “This is a tragic case where a child had her future dramatically changed through the negligent actions of others.
“Her parents, Ian and Alison, are now faced with taking care of Annie for the rest of their lives.
“They entrusted the school with the care of their daughter and they believe the school failed them all.”
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