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

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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll