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02 August 2018 / Richard Buckley
Issue: 7804 / Categories: Features , Health & safety , Damages
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Escaping liability

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R A Buckley investigates breaking the chain of causation

  • When will an act of the claimant’s own choosing negate liability for a defendant’s breach of duty?

When will a defendant escape liability for negligence or other breach of duty on the ground that the actions of the claimant, in an endeavour to escape from a situation in which the defendant had placed him or her, ‘broke the chain of causation’ with the defendant’s original wrongful act? This question recently divided the Court of Appeal in Clay v TUI UK Ltd [2018] EWCA Civ 1177, [2018] All ER (D) 137 (May).

One evening, while on holiday in Tenerife, the claimant and his family went out on to the balcony of their hotel room, only to find themselves trapped when a defect in the lock on the door prevented them from re-entering the room. They tried for half an hour to attract attention, but without success. The claimant’s wife wished to visit the toilet, and they also began to become anxious about looking in on their

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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