The issues of duty of care & causation have been under consideration again, notes Karen O’Sullivan
The Court of Appeal recently handed down judgment in an interesting case which re-visited issues of duty of care and causation, called Morcom v Biddick [2014] EWCA Civ 182, [2014] All ER (D) 248 (Feb).
The claimant, a long-time acquaintance of the elderly defendant, agreed to fit insulation to the defendant’s loft hatch. The claimant was a professional handyman who previously worked for the defendant, sometimes paid and sometimes not. The defendant was conscious of the risk of the hatch opening beneath his weight or due to the vibration of his drill. To counteract that, the defendant agreed to ensure that the latch stayed shut by holding it in the locked position using the pole used to lock and unlock the hatch. After some minutes, the telephone rang and the defendant left to answer it. During his short conversation, the loft hatch came open and the claimant fell through the hatch, sustaining serious injuries.
The likely cause
The trial judge grappled with several opposing theories as to how
