At 14:48 27 January 2006, Rory O'Conor wrote:
A most unwelcome development.

I agree wholeheartedly with that

All the information suggests that the BGA, club and
instructor have a robust defence, but that maintaining
this defence will cost the movement and the individual
concerned considerable legal fees.

Sadly Rory I have to disagree there is really no defence.
The responsibility for ensuring safety sits very firmly
with the captain of the aircraft. Whatever goes wrong
the captain is responsible. This type of case is probably
the future for many pastimes. As with many things if
a person is not specifically warned against something
then the organisation that should have given the warning
is frequently held liable, and there but for the grace
of God............

I hope that we can find a way of persuading the
individual to withdraw this writ without everyone
incurring large legal costs.

That I somehow doubt. I can't see the plaintiff doing
anything other than 'winning', but stanger things have
happened.

I remember a case where a pupil mishandled an aircraft
when receiving instruction and the instructor, as captain,
was sucessfully sued as a result, and an equally interesting
case where an instructor attempted to sue a pupil for
causing an accident, which he undoubtably did, but
the case failed and costs were awarded against the
captain of the aircraft. Both these over 20 years ago
so it isn't even new.