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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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A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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