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30 May 2014 / Karen O’Sullivan
Issue: 7608 / Categories: Features , Personal injury
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Cause & effect

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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

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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