‘Duty of Care: Improving the Possible’: Roderick Bagshaw, Current Legal Problems Lecture Series, Zoom, 21 October 2021 6pm

The general focus of this lecture is the approach that courts use to identify whether a defendant owed a duty of care to a claimant and can therefore be held liable in the tort of negligence (provided that the other requirements for that tort – a breach of the duty having caused an actionable form of harm that is not too remote; the negation of possible defences – are satisfied). It is not, of course, the first academic discussion of this topic. Indeed the existence of such an extensive library of previous writing raises an immediate question: why have the problems not been resolved? Or, to expand, why are the courts in England and Wales, and most other common law jurisdictions, still struggling with approaches that were criticised – some would say discredited – a generation ago? … (more, registration)

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