When does negligence caused by others break the chain of causation?
In Flanagan and another v Greenbanks Ltd (t/a Lazenby Insulation) and Cross  EWCA Civ 1702, the Court of Appeal, by a 2:1 majority, provided guidance on assessing whether there had been a break in the chain of causation, applying the principles previously set out in Borealis AB v Geogas Trading SA  and demonstrating that this is an issue that is still ripe for discussion.
Mr Cross, a surveyor, put a proposition to Lazenby, a contractor, that he could deliver customers to Lazenby for cavity wall insulation (CWI). As nothing was recorded in writing, contractual terms were implied. Lazenby was a member of two out of the three trade bodies with governing standards for CWI, which set out guidance on inspection standards (the British Board of Agreement [BBA] and Cavity Insulation Guarantee Agency [CIGA]), and Mr Cross was not. Additionally, Lazenby’s T&Cs with the homeowners included clauses to the effect that, if Lazenby began installation but found that the structure of the home was not suitable, Lazenby was entitled to terminate the contract. More than once throughout their relationship, Lazenby’s installers had been required to make use of this clause.
In November 2005, one of Mr Cross’s employees failed to check that two homes were suitable for CWI. In September 2006, Lazenby went ahead and installed the CWI, admittedly failing itself to check the suitability of the homes. The original claim by the homeowners against Lazenby was settled but Lazenby served an additional claim against Mr Cross…
Click on the link below to read the rest of the Addleshaw Goddard briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Addleshaw Goddard
News from The Lawyer
Briefings from Addleshaw Goddard
A new feature of our briefing is to keep you appraised of open consultations and surveys in the employment law arena. If you would like us to respond to a consultation on your behalf, please let us know.
Disqualifying employees with sickness absence warnings from a discretionary bonus scheme amounts to discrimination.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
Could Slater & Gordon achieve its stated aim of becoming a top consumer brand by acquiring Pannone?