A mother of five has been stripped by the Court of Appeal of the £114,200 damages awarded to her for the death of her husband who drowned while swimming in a National Trust area.

Kevin Darby, 44, drowned at Hardwick Hall, near Chesterfield, Derby, in August 1997 when he was

swimming in the murky and muddy 6ft deep pond.

His widow, Diane, was initially awarded the damages, but this week the Court of Appeal overruled the decision.

Lord Justice May said: “The risks to competent swimmers were perfectly obvious.”

He added if the award stood, “no swimming” notices would need to go up around every stretch of water around the country to avoid liability.


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