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AIM On Target Newsletter 2021
We are proud to release the latest On Target Newsletter which features articles from you the Membership and the AIM Team. Thanks go to all the contributors for providing their insight and knowledge as always.
- Staffing crisis in the outdoors
- Diversifying the outdoors – Post Pandemic
- Lessons Learned – Covid Claims
- Financial Review of the Mutual
- Keeping in touch – details of our social media platforms and the AIM Facebook Group
- Supporting Schools and the LOTC
We hope you enjoy reading it and please get in touch if you have any feedback or questions.
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Occupiers Liability – Successful defence
Clyde & Co have shared the following success story with us. In a recent claim involving a survival race, the obstacle to a successful outcome for the Claimant was the finding that accidents do happen, and that there was an inherent risk that could not be prevented by the organiser. https://bit.ly/3zu7PTq
Harrison v Intuitive Business Consultants Ltd & Ors [2021] EWHC 2396 (QB)
The Claimant had submitted that the organiser (as First Defendant) had failed to take reasonable care for her safety after she sustained serious injuries falling on part of an obstacle course at a Bear Grylls Survival race.
It was alleged that the Defendants (the Second Defendant being a subcontractor) had failed to implement intended control measures set out in their risk assessment, including instructing participants to begin the obstacle from a seated position and ensuring an appropriate spread of hay was on the ground to cushion any falls.
The Judge found that instructions were given appropriately, despite the Claimant either not hearing them or failing to follow them. In any event, causation was not established. The Defendants also had a reasonable system in relation to the spread of hay on the ground.
Background
The Claimant voluntarily participated in a Bear Grylls Survival Race. Whilst attempting an elevated monkey ring obstacle (known as ‘the Jungle’) she fell to the ground and sustained serious injuries to her right shoulder and leg. She brought a claim for injury and losses against the event organisers and the subcontractors responsible for the planning and management (‘the Defendants’).
The Claimant brought a claim against the Defendants under s.2 of the Occupiers Liability Act 1957.
Outcome
The Court accepted that there was no duty of care on the Defendants to provide guidance or supervision to participants, but that there was a duty to risk assess. The risk assessment process was followed and the Defendants had put in place a control measure requiring “clear and concise instructions” to be given to participants including a direction to “swing out from a seated position”. Once the need for instruction had been determined, the duty to provide such an instruction had been assumed.
The Claimant had started from a standing position, having stated she did not hear any instructions. She alleged that that this was the cause of her fall.
Taking into account the witness evidence and contemporaneous photographs the Court held that marshals had been trained to provide such instruction and that instructions had been given appropriately. It was not practicable to speak individually to each and every participant, but the marshals gave regular instructions to those about to embark. The Judge found that the Claimant had either not heard the instruction or failed to follow it.
In any event, the Court found that whether the Claimant had started from a seated or standing position made no difference to her fall. By the time she fell, she had been reaching for the second ring.
The use of hay was deemed a reasonable option for providing a suitable landing surface, although the Defendant remained obliged to ensure even-spreading and periodical re-distribution of the hay to avoid bare patches.
No witnesses for the Claimant observed such distribution, however the Judge relied upon the veracity of the Defendants’ witness, a marshal on the Jungle, who submitted that the staff were vigilant in their re-distribution of the hay.
The Claimant’s accident and resultant injuries were not occasioned by any fault of the Defendants and were inherent types of injury associated with obstacle races and risky activities. The Claimant was aware of the risks upon signing up to compete, with such risks being impossible to fully prevent regardless of the amount of care and vigilance demonstrated by the Defendants.
What we can learn
- We are reminded that there is no duty on an activity provider to provide instruction unless the provider assumes that responsibility. If a suitable and sufficient risk assessment deems that instruction is required, then such responsibility is assumed and the instruction must be given.
- The Defendants intended that participants would be instructed to start from a seated rather than standing position. The Defendant had no obligation to ensure that, having been given the instruction, that is how the participants proceeded.
- The Court was satisfied that regular instructions, not involving direct discussions with each participant, met the threshold of reasonableness in all the circumstances of this case.
- Attention to detail surrounding causation is crucial. Whether the Court found a breach of duty or not, it would have held that such breach had not led to the Claimant’s fall.
- It is interesting to note that had there been a breach of duty on the part of the Defendants, the Court did state that there would have been no finding of contributory negligence on the part of the Claimant. It was “both legitimate and reasonably safe for the Claimant to set off from a standing position, following the technique of others who went before her.” Similarly, the vast majority of participants had failed to complete the rings section, so the Claimant could bear no fault for failing to complete that section.Author: Clyde & Co LLP
Top 10 Best Caves – Going Underground
A classic wild camp, a Roman shrine and the ‘real’ Batman’s lair – here’s our pick of Britain’s most enticing underground attractions.
This feature was first published in the March 2019 issue of The Great Outdoors.
Forget ticketed and well-groomed show caves – Britain’s most intriguing underground places are quiet, semi- secret and only accessible by foot. Some have fascinating archaeological or historical backstories. Others have starred as movie locations or featured in famous legends. A few are remarkable simply for their size and splendour. But all repay closer exploring…
1. Priest’s Hole, Lake District
Header image above; © Getty Images
Since it featured on the BBC in 2016, this popular wild camping spot on the side of Dove Crag has lost any last vestige of secrecy. Think of Priest’s Hole as you might a bothy, accept that you may have to share, and you’re less likely to be disappointed. The views of the Far Eastern Fells are great and bad weather is kept at bay by a low stone wall. If you do find remnants of previous visits, do a good turn and take them with you.
2. Thirst House Cave, Peak District
© Andrew Hill
Archaeologists excavating this Deep Dale cave in the 19th Century found pottery, jewellery and burials suggesting it had been used as a Roman shrine. Local people once called it ‘Hob Hurst House’, after a goblin who reputedly lived there. Thirst House Cave makes for fascinating exploring on a walk around Deep Dale or a diversion from the western end of the Monsal Trail – just don’t stray too far inside the system.
3. The Massacre Cave, Eigg
© Shutterstock
As you might guess, this cave has a pretty gruesome history. The population of Eigg sheltered here during a 16th Century feud with the Macleods of Skye, only to be killed en masse when the Macleods lit a huge bonfire to smoke them out. Tourists visiting the cave recently found a large collection of human bones that have since been linked to the slaughter. Massacre Cave and nearby Cathedral Cave can both be explored with the help of a torch – if you’re brave enough…
4. Alum Pot & Gaping Gill, North Yorkshire
© Shutterstock
Looking to dip a toe into the murky and mysterious world of caving? Book a guide to take you down Alum Pot, dubbed by those in the know as the finest abseil in Yorkshire. The way out through a labyrinth of tunnels leads through the famously claustrophobic ‘Cheese Press’ – not a route for the faint-hearted. If you don’t fancy venturing below ground, you can still see the open shaft of Alum Pot and the waterfall that cascades into its depths on a walk around Ingleborough that also takes in the entrance to the more famous Gaping Gill (pictured).
5. Henrhyd Falls, Brecon Beacons
© Shutterstock
To film buffs, the sheltered spot behind thundering Henrhyd Falls might look thrillingly familiar. It was used as one of the filming locations for Batman’s lair in The Dark Knight Rises – the key shot shows Christian Bale disappearing behind a curtain of water to enter his secret hideout. There’s nothing (other than the prospect of a good wetting) to stop visitors following his footsteps through the waterfall to discover the shallow cave beyond. The surrounding walks in National Trust woodland provide an added enticement.
6. Victoria Cave, North Yorkshire
© Shutterstock
The walk to this isolated cave, set east of Langcliffe in Ribblesdale, takes you through some of the most dramatic limestone scenery in the Yorkshire Dales. The cave itself is an archaeological treasure: since it was first excavated, in the year of Queen Victoria’s coronation, everything from mammoth bones to Roman brooches has been discovered here. Surrounding signs warn that the roof is unstable, so Victoria Cave is best admired from the outside.
7. Millican Dalton’s Cave, Lake District
For nearly 50 years, this sizeable cave on the side of Castle Crag was the summer residence of Lakeland eccentric, lightweight gear pioneer and self-styled ‘Professor of Adventure’ Millican Dalton. Nowadays it’s a site of pilgrimage for outdoorsy folk who admire Dalton’s philosophy and his legendary quest for self-sufficiency. Reach the cave on a short walk from Rosthwaite, taking in the war memorial on the summit of Castle Crag en route. Keep your eyes peeled for the faint inscription: ‘Don’t waste words, jump to conclusions’.
8. King’s Cave, Arran
© Shutterstock
Legend says this is where Robert the Bruce had his life-changing encounter with a spider. It’s one of a series of sandstone caves that rise above the Arran Coastal Way (nearby Black Cave below Bennan Head is also well worth visiting on a circuit of the island). Aside from the legend, the most fascinating thing about this cavern is the Christian and pre-Christian art adorning the walls, some carvings possibly dating to the Bronze Age.
9. Cathedral Cave, Lake District
© Shutterstock
Hidden above Little Langdale valley is a disused Lakeland green slate quarry riddled with tunnels and mines. The most spectacular is a 12m-high chamber known as Cathedral Cave. The National Trust sign at the entrance notes that you enter at your own risk, but if you’re intrepid enough to venture in then this man-made cavern with its high roof and clear pond is nothing short of spectacular. Elsewhere in the quarry there are some intriguing tunnels to explore, including one that’s around 400ft in length.
10. Prince Charles’s Cave, Skye
© Shutterstock
Another Scottish cave with romantic historical association, this narrow tidal cavern played host to Bonnie Prince Charlie during his last night on Skye. Access is restricted to a few hours around low tide, so check tide times before setting forth on the superbly scenic tramp south from Elgol. There are other underground attractions to explore along the way, too – continue around the peninsula to reach the cathedral-like Spar Cave, but plan your walk with care to avoid being stranded by the rising tide.
Article Source: The Great Outdoors Magazine (https://www.tgomagazine.co.uk/inspiration-and-ideas/top-10-best-caves/)
AIM’s guide to the Hardening Insurance Market
We are aware of the financial issues that many of our Members are still facing. At the time of writing, we will also be familiar with the new dates for easing of the lockdown and hope that this brings comfort that businesses can start to reopen and once again our Members can provide their much-needed activities.
Unfortunately, over the last 12 months the insurance market has hardened considerably and some insurance customers are finding that prices have increased across a range of different covers.
What is a ‘Hard Market’?
A hardened insurance market usually affects customers in the following ways:
- Higher insurance premiums
- Fewer insurers
- Reduced choice of products
- More restrictive cover
What causes a Hard Insurance Market?
Like other financial markets, the insurance market also changes depending on supply and demand. The insurance market usually follows a cycle which fluctuates between a hard market and a soft market. There are many factors that can lead to changes in the insurance market.
Even before the COVID-19 pandemic, several underlying market factors were contributing towards the insurance market hardening, including:
- extreme weather events such as Storm Dennis and Ciara affecting property claims
- interest rates staying low
- a general rise in insurance claims (particularly in the home and motor insurance sectors)
- changes to the Ogden rate, the rate used to calculate future losses in high value compensation claims, which also have an impact on the levels of compensation payments made to claimants.
When coupled with pressures arising from the COVID-19 pandemic, these factors have inevitably reduced insurers’ appetite for offering extensive cover or charging low premiums.
How is AIM Supporting Members?
AIM is doing all it can to provide the best, tailored, cover for Members, at the most competitive price, because we fully appreciate that many of our Members continue to face ongoing financial difficulties.
Therefore, when your renewal is due, the team will ask you to provide up to date information on your business so they can provide your quotation and ensure that it is accurately meeting your needs. This will include details of your annual turnover and wage roll figures and any other information about the activities you provide. If you are no longer offering or providing a particular activity, please let the team know as you don’t need to be paying for cover you no longer require. We will always try to be as competitive as possible on prices so please do chat to the team if you have any queries.
We are committed to providing the best service for our Members and if you have any further queries or feedback please do come back to us.
On Target Autumn 2020 Newsletter
Each year we publish our Autumn Newsletter, we love putting it together, and this year we’ve given Members the chance to tell their stories and share what’s working for them. We’ve heard from The Climbing Hangar, The Outdoors People and BeVenturesome.
Sam Sutton from New Forest Activities has offered some great marketing expertise on how providers can improve their services. Ben at BXM Expeditions has also provided us with a really great piece on mental health awareness.
We’ve also heard from Save Your Outdoor Centres, Save Outdoor Ed and from the ABC on the Climbing the Walls campaigns and we hope that you can support these.
As we have been unable to hold any member events this year we’ve included a section on our Team and Directors of the Board so you can put faces to names.
Plexus Law have provided a update on safeguarding of children, young people and and vulnerable adults in organisations. This feature also gives some case updates where vicarious liability is discussed.
We hope to see all of you soon at one of our Member Events when we can finally get together safely. In the meantime we will continue to offer the Zoom get togethers that many of you have enjoyed.
Please provide any feedback or questions you may have to [email protected]
AIM-Newsletter16-11-2020
Create a Coronovirus NHS QR Code for your venue
Use this service to create a QR code for display in your venue. Get visitors to scan the QR code when they arrive, using the NHS COVID-19 app. This is to help trace and stop the spread of coronavirus (COVID-19).
You should create and display a QR code if you are:
- a business, place of worship or community organisation with a physical location that is open to the public
- an event which is taking place in a physical location
If you have more than one venue, you need to create a separate QR code for each location. You can add multiple locations in the service.
Path Hill Outdoors – Member Profile
Path Hill Outdoors is a non-profit company offering innovative educational and therapeutic programmes based in an outdoor environment. We are known for our intervention programmes for younger people who find the school environment difficult and have been marginalised from mainstream education. We deliver curriculum enhancement days and residential programmes for schools that are designed to match ongoing work in the classroom and organise activities for young people in the holidays.
Path Hill Outdoors registered with Companies House in 2011 so we are approaching our tenth birthday. We have been an AIM member since 2013. Being part of AIM gives us peace of mind. They understand the outdoor industry, our specific needs and being a mutual, fit into our values as a social enterprise.
What I love about Path Hill is the diversity. We work with a wonderful mix of young people, all on different journeys with differing aspirations, skills and needs. Without the requirement to comply to a set curriculum, we can act on the interests of students, respond to seasonal changes, the weather and prioritise a family environment that is both safe and challenging. Coupled with a dedicated staff, a mix of outdoor instructors, artists, play workers and from various trades, I can genuinely say every day is exciting and different.
2020 has been challenging. Path Hill has lost over one third of its revenue. All our summer camps and expeditions have had to be cancelled and we closed for six weeks over Easter. Our work with more vulnerable young people has continued (apart from the six-week blip) and we have been able to focus more on that aspect of our work over the summer and given our students exceptional experiences. We have built tree houses, had overnights on rafts on the River Thames and involved students in all aspects of building a new outdoor kitchen.
During the summer break we put on a fortnight of adventure days for NHS staff and their families. Funded by a local charity, it was our opportunity to say a big thank you to those in the NHS who were on the frontline during the spring. Every day we had four families getting involved in activities such as bushcraft, rafting and woodland play. Each family had an instructor allowing everyone to remain in their ‘bubble’, meals were prepared by members of staff and all equipment was wiped down after each activity. The feedback from the nurses, ancillary workers and general public has been tremendous and the scheme generated a great deal of press interest. We intend to organise something similar for the Christmas break.
The Covid-19 pandemic continues to create a lot of uncertainty. We have recently learnt that social groups are limited to six which means that our regular adult groups and pre-school parent and children group will need to be altered to comply with the latest government rules. Our one to one and small group programmes with vulnerable children continues to grow and will be our main revenue stream for this year and probably for 2021 as well. A quieter year has helped us to re-think some of the work we do and how we do it. Without the frantic summer rush of residential camps and expeditions we have been able to focus on quality, re-assess potential demands and needs and invest time into staff training and getting the site ready for the future.
We have recently completed the construction of our new outdoor kitchen with wood ovens. This will greatly expand what we can offer our students and we will develop programmes in outdoor catering, woodland management and metalwork. We are also planning to put on exciting new courses for adults and families once everything is in place.
Thank you to Mark Hillyer, Director at Path Hill Outdoors for providing this interview
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