Gwilliam v West Hertfordshire Hospital NHS

Ethel Gwilliam, age 63, went to an NHS organised fun fair, at Mount Vernon Hospital in Northwood, Middlesex, where there was a "splat wall".

"The aim of the apparatus was to allow the participant to bounce from a trampoline and adhere by means of Velcro material to a wall.

The hospital had got the splat wall through an independent contractor called "Club Entertainment" by looking them up in the phone book.

She then sued the NHS trust for the difference between that sum and the full compensation that she could have got, on the basis that they did not provide a safe environment for her as a visitor, and that they failed properly to enquire into the contractor's insurance status.

Sedley LJ concurred in the result of the case (that the Trust was liable) but dissented on the obiter statements concerning insurance.