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11 October 2013 / James Wilson
Issue: 7579 / Categories: Features
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Love thy neighbour...

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James Wilson revisits the trail of Donoghue v Stevenson

One of the defining features of the common law is that it has developed not from complex rules delivered from on high, but rather from the courts recognising and enforcing private bargains voluntarily concluded by ordinary citizens. There can be no better example than Donoghue v Stevenson , perhaps the most recognisable civil case of all—certainly in respect of its imagery of a snail emerging from a ginger beer bottle. Just over 80 years after the House of Lords ruled on the case, it still features among the top 10 most viewed cases on most legal databases.

Snail tale

The story begins on 26 August 1928, when the recently divorced and reasonably indigent Mrs Donoghue entered the Wellmeadow Café in Paisley with a friend. The friend bought a drink for herself and a “ginger beer ice cream float” for Donoghue. The café’s owner, one Francis Minghella, poured some of the ginger beer over the ice cream to create the “float”. Donoghue drank some and her

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
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