Environment Agency v Ellis [2008] EWCA Civ 1117

Causation: Reducing damages due to pre-existing conditions – a tenable argument?

Julian Matthews discusses two recent cases which illustrate the potentially far reaching consequences of the rules of causation of damage ‘These cases clearly illustrate that the focus of attention in the assessment of damages in cases where there is a medical or other disability subsisting prior to the date of negligence must be upon the …

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Breach of duty and causation: Where are we now?

Christopher Sharp QC and Matthew White analyse recent developments and provide practical advice ‘Ultimately it may be judicial pragmatism that provides the key (if not a principled solution) to the apparent conflicts in the case law.’ Must a claimant prove that a defendant’s breach of duty caused their loss before being entitled to recover damages …

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