CAUSATION AND BREACH OF DUTY

Brett v University of Reading [2007] EWCA Civ 88; [2007] All ER (D) 173 (Feb)

In Brett v University of Reading [2007] EWCA Civ 88; [2007] All ER (D) 173 (Feb) the Court of Appeal held that the fact that the House of Lords in Fairchild v Glenhaven Funeral Services Ltd [2002] UKHL 22 and Barker v Corus (UK) plc (formerly Saint Gobain Pipelines plc) [2006] UKHL 20; [2006] 2 AC 572 had relaxed the rule requiring a claimant to prove the requisite causal link between the defendant’s negligence and the claimant’s loss did not mean that the claimant was also absolved from proving other elements of his claim. In particular, a claimant is still required to prove that the defendant has breached its duty of care. On the facts of the case it was held that the claimant had not established that the defendant had failed to take the necessary steps to protect the deceased from inhaling asbestos dust.