Foreseeability Is Not Enough: Recent Controversies in Duty of Care

Date: 31/01/2018 CPD: 1.5 hours Cost: Free Venue: 2 Temple Gardens, London

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 [2017] 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.

Ruth Kennedy will analyse the complex issues that arise when a Claimant seeks to assert liability for pure omissions, with a particular focus on claims against public bodies. Ruth will analyse the recent judgment of the Court of Appeal in CN v Poole Borough Council [2017] EWCA Civ 2185, and its ramifications on claims against public bodies, and will provide a more general guide to the central issues that arise in cases of “pure omissions”.

We 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. We 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 [2016] EWCA Civ 1005 and Singh v City of Cardiff Council [2017] EWHC 1499 (QB), in which the Claimants’ failures to appreciate the dangers that led to their injuries resulted in their claims being dismissed outright.

We would be delighted if you could join us. We will start promptly at 6.00pm. The seminar will last about 1 hour and will be followed by drinks and canapés.

This is a free event which qualifies for 1.5 CPD hours.

If you wish to attend this event please respond to Deborah Francis at

Bradley Martin
Ruth Kennedy