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A test case court ruling earlier this year which stripped a Kent teenager of an estimated £1million compensation for injuries he received in a freak bouncy castle accident has won the backing of the highest court in the land – the House of Lords.
Three law lords have refused permission for an appeal on behalf of Samuel Harris, now 13, against an Appeal Court ruling that he is not entitled to compensation for the devastating injuries which have left him wholly dependant on others.
In what is believed to have been the first claim over a bouncy castle party accident Samuel, through his mother, had sued Timothy and Catherine Perry of Jersey Road, Rochester who had booked the castle for a party.
In May this year Samuel’s claim was allowed by a High Court judge who ruled there should be a later hearing to assess how much should be paid in damages. However, it was unofficially estimated that the amount could be as high as £1 million.
At the same time the High Court dismissed a claim against Samuel’s father, David Harris of Jersey Road, Rochester, who had taken him to the party where the incident happened.
In the Appeal Court, however, in reversing the ruling Samuel was entitled to anything the then Lord Chief Justice, Lord Philips, said in July the Perrys were not to be held to blame for what happened.
In the decision now backed by the law lords Lord Phillips, referring to Mrs Perry who had been supervising children on the castle, said : "The accident was a freak and tragic accident. It occurred without fault."
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