Continue reading "Reasonable practicability: Too much to ask?"
Reasonable practicability: Too much to ask?
Bethan Davies reports on a case which reaffirms that proving a measure to be unreasonable is an onerous duty on defendants ‘At first instance the judge should have asked whether the measure would have been “grossly disproportionate”, rather than merely asking on the balance whether the measure would have been proportionate.’ The first instance judgment …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Coltness Iron Company Ltd v Sharp [1938] AC 90
- Edwards v National Coal Board [1949] 1 KB 704
- Marshall v Gotham Co Ltd [1954] AC 360
- Walsh v CP Hart & Sons Ltd [2020] EWHC 37 (QB)