Foreseeability Is Not Enough: Recent Controversies in Duty of Care
Bradley Martin will consider the implications for personal injury practitioners of the recent Court of Appeal decision in Darnley v Croydon Health Services NHS Trust  EWCA Civ 151 (due to be heard on appeal to the Supreme Court in June 2018). Darnley is a decision which reinforces the principles that foreseeability alone is not sufficient to give rise to a duty of care and that people must accept responsibility for their own actions. Bradley will discuss how best to approach such issues when they arise in novel or difficult cases.
Bradley will present a practical guide on how to tackle the question of whether a duty of care arises in a claim against an occupier and will review recent case law that highlights potential challenges for Claimants, and potential points that may be taken by Defendants. He will also analyse the Courts’ increasing emphasis on the importance of personal responsibility, and will review recent cases such as Edwards v London Borough of Sutton  EWCA Civ 1005 and Singh v City of Cardiff Council  EWHC 1499 (QB), in which the Claimants’ failures to appreciate the dangers that led to their injuries resulted in their claims being dismissed outright.