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Tort

09 June 2011
Issue: 7469 / Categories: Case law , Law digest
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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.
 

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MOVERS & SHAKERS

Muckle LLP—Rachael Chapman

Muckle LLP—Rachael Chapman

Sports, education and charities practice welcomes senior associate

Ellisons—Carla Jones

Ellisons—Carla Jones

Partner and head of commercial litigation joins in Chelmsford

Freeths—Louise Mahon

Freeths—Louise Mahon

Firm strengthens Glasgow corporate practice with partner hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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