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30 October 2008
Issue: 7343 / Categories: Case law , Law digest , Personal injury , In Court
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Personal injury

Ellis v Environment Agency [2008] EWCA Civ 1117, [2008] All ER (D) 163 (Oct)

A claimant who satisfies the “but-for” test does not have to prove also that the defendant’s negligence was the only, or chronologically the last, cause of his injuries. The normal rule for causation in personal injury negligence cases is the but for rule.

The principles established in Holtby v Brigham & Cowan (Hull) Ltd [2000] 3 All ER 421 and Allen v British Rail Engineering Ltd [2001] All ER (D) 291 (Feb) are an exception to the general rule, limited to industrial disease or injury cases where there has been successive exposure to harm by a number of agencies, where the effect of the harm is divisible, and where it would be unjust for an individual defendant to bear the whole of a loss when in commonsense he was not responsible for all of it.

Issue: 7343 / Categories: Case law , Law digest , Personal injury , In Court
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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

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
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
A significant High Court decision has provided welcome clarification on how far legal advice privilege can extend within large corporate organisations
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