header-logo header-logo

Tort

09 June 2011
Issue: 7469 / Categories: Case law , Law digest
printer mail-detail

Network Rail Infrastructure Ltd v Conarken Group Ltd; Network Rail Infrastructure Ltd v Farrell Transport Ltd [2011] EWCA Civ 644, [2011] All ER (D) 288 (May)

It was settled law that forseeability and remoteness were to be considered together. Forseeability, as an abstract concept, was not determinative. An imaginative person might foresee extremely broad consequences as potentially resulting from his actions. In considering whether consequences were too remote to create a liability in negligence, reasonableness had a part to play.

Further, the fact that a claimant had contractually agreed with a third party the level of damages that it would pay, would not necessarily bind the tortfeasor. It was not open to a party to dictate to the whole world the extend to tortious liability and what was reasonably foreseeable and not too remote in order to achieve what it regarded as a satisfactory contract with a third party. It might lead to ever more ingenious attempts to attribute possible loses to a tort and would be inimical to the simple solution desired.
 

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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
Is a suspect’s state of mind a ‘fact’ capable of triggering adverse inferences? Writing in NLJ this week, Andrew Smith of Corker Binning examines how R v Leslie reshapes the debate
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
back-to-top-scroll