header-logo header-logo

11 May 2012 / Keith Patten
Issue: 7513 / Categories: Features , Personal injury
printer mail-detail

Snail trail

Eighty years on, Keith Patten traces the legacy of Donoghue v Stevenson

Was there ever a snail in the ginger beer bottle? We will never know, because the most famous case in the common law world, which is 80 years old this month, went all the way to the House of Lords on a preliminary point of law and was never tried on its facts. That also leaves open the perhaps even greater evidential problem of whether Mrs Donoghue could have established a causative link between the presence of the snail and the injury for which she claimed.

Background

Much has been claimed for Donoghue v Stevenson [1932] AC 562, [1932] All ER Rep 1, but one thing that it did not do was to invent the law of negligence. The idea of liability for carelessly inflicted harm, separate from contract, arising where, but only where, there was a pre-existing duty of care was developing throughout the 19th century, and was well established long before Donoghue and her friend ventured into the Wellmeadow Café in Paisley

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

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
back-to-top-scroll