Date: Wed, 3 Oct 2007 00:30

From: David Cheifetz

Subject: Resurfice - Scraping the ...

For all who might have been following along, the current version of “Scraping the Surface: Resurfice” - v 52, Oct 2/07 - which I posted a few moments ago in the usual place - is the last revision that I plan to post for the next few weeks. For anyone who bothered with the Sept 30 iteration, the 2 Oct update is because I included, in the conclusion, a brief (by my standards) mention of Lord Hoffmann's assertion in Kuwait Airways v Iraqi Airways [2002] UKHL 19 at paras. 127-28 that causal requirements, including the factual connection, depend on the basis and purpose of liability. Paragraph 127, some will recall, ends with the two sentences that presage Fairchild: "Sometimes the act cannot be shown to have been even a necessary condition but only to have added substantially to the probability that the damage would be suffered. But in some situations even this limited causal connection will suffice: see Bonnington Castings Ltd v Wardlaw [1956] AC 613; McGhee v National Coal Board [1973] 1 WLR 1".

Cheers,
David

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