Date:
Wed, 19 Apr 2006 17:28:04 +0100
From:
Robert Stevens
Subject:
Suicidal Decisions in the Court of Appeal
An
interesting case in the Court of Appeal on remoteness of loss, Corr
v IBC.
Mr
Corr was seriously injured whilst at work. His injuries resulted
in depression, and he took his own life. A majority of the Court
of Appeal (Sedley and Wilson LJJ, Ward LJ dissenting) held the defendant
employer liable for the consequences of death. This was so although
the risk of suicide was not one of the risks to which the employer's
duty extended (see Sedley at [67]) nor was it reasonably foreseeable
at the time of the accident (see Wilson at [98]).
The
case is interesting not least, for Sedley LJ's lamentable, unnecessary
and wholly inconsistent usage of footnotes, an importation from
other parts of the Commonwealth that we can well do without.
Robert
Stevens
Barrister
University of Oxford
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