header-logo header-logo

Escaping liability

02 August 2018 / Richard Buckley
Issue: 7804 / Categories: Features , Health & safety , Damages
printer mail-detail
nlj_7804_buckley

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

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

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll