header-logo header-logo

30 May 2014 / Karen O’Sullivan
Issue: 7608 / Categories: Features , Personal injury
printer mail-detail

Cause & effect

web_sullivanl

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll