Tag Archives: Causation
LOSS OF EARNINGS: CLINICAL NEGLIGENCE AND CAUSATION
The need to prove that a claim for loss of earnings arises from the negligence complained of can be overlooked. A failure to consider the key issue of causation can lead to claims being made which, ultimately, cannot be proven. An example of this can be seen in the decision of Mr Justice Nicol […]
BREACH OF STATUTORY DUTY AFTER THE ENTERPRISE AND REGULATORY REFORM ACT 2013 : A SCOTTISH DECISION: DALEKS ARE NOT THAT DANGEROUS AFTER ALL
The precise impact of the ERRA upon liability is still very much open to debate. Some guidance may be found in the Scottish case of Gilchrist -v- Asda Stores Ltd [2015] CSOH 17. A judgment of Lady Stacey where judgment was given on the 17th June 2015. THE CASE The pursuer (claimant to those in […]
LOSS OF EARNINGS: PROVING THAT THE INJURIES CAUSED THE LOSSES
The burden of proof is on the claimant in proving loss of earnings. This applies as much to proving causation as to the duration and amount of the loss. Here we look at two recent cases which are very different but highlight the problems there can be with causation. DUDNEY -v- GUARANTEED ASPHALT LTD [2013] […]
PERSONAL INJURY: LIABILITY AND DAMAGES 