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

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll