References: [2005] EWCA Civ 1452
Links: Bailii
Coram: May LJ
Ratio: May LJ said: ‘Caparo and Murphy v Brentford were both cases concerning economic loss, not physical damage, but the principle is the same for each. The question is whether the relationship between the claimant and the defendant is such that it imposes on the latter a duty to take care to avoid or prevent the loss which has in fact been sustained. That question subsumes the question whether the acts or omissions of the defendant cause the damage relied on. If they do not there is no negligence’
Jurisdiction: England and Wales
This case is cited by:
- Cited – Macleod (By His Deputy and Litigation Friend, Macleod) v Commissioner of Police of The Metropolis QBD (Bailii, [2014] EWHC 977 (QB))
The claimant sought damages after being severely injured when knocked from his cycle by police officers in a car attending an emergency, and driving over the speed limit.
Held: The claim succeeded, and there had been no contributory negligence . .
(This list may be incomplete)
Last Update: 10 June 2019
Ref: 236372
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