Dear Colleagues,

 

The UK Supreme Court has decided two big cases on Tort today.

 

First, James Rhodes (MLA) v OPO on Wilkinson v Downton. This case was previously circulated on the list at the Court of Appeal stage. The Supreme Court unanimously allows the appeal and holds that it is not appropriate to expand the scope of the tort, which should be defined narrowly. There is much discussion of intention under the tort also. The decision is here https://www.supremecourt.uk/cases/docs/uksc-2014-0251-judgment.pdf.

 

Second, in Zurich Insurance PLC UK Branch v International Energy Group Limited, the Supreme Court again considers causation in asbestos-related mesothelioma claims. The appeal was from Guernsey, to which s.3 of the Compensation Act 2006 does not apply. The relevant employer was not insured for the whole period of exposure. The Court holds that Barker v Corus continues to apply in Guernsey. Compensation is proportionate, therefore, though defence costs are not. The Court reaffirms the Employers’ Liability Trigger Litigation analysis of Fairchild. Then, although obiter, the Court goes on to consider pro rata contribution and set off. That decision is here https://www.supremecourt.uk/cases/docs/uksc-2013-0057-judgment.pdf

 

Best wishes,

James

 

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James Lee

Senior Lecturer in Private Law

Director of UG Admissions and Scholarships

The Dickson Poon School of Law
King's College London
Strand
London WC2R 2LS

 

E-mail: james.lee@kcl.ac.uk

 

Tel: +44 (0)20 7848 2363

 

Profile: http://www.kcl.ac.uk/law/people/academic/j-lee.aspx