header-logo header-logo

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

Tort

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

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll