Source: All England Reporter
Publisher Citation: [2004] All ER (D) 357 (Feb)
Neutral Citation: [2004] EWCA Civ 175
Court: Court of Appeal, Civil Division
Judge:

Kennedy, Clarke and Wall LJJ

Representation Lord Brennan QC, Andrew Spink and Richard Hermer (instructed by Leigh Day & Co) for the claimant.
  Michael Beloff QC, Charles Pugh and Ben Cooper (instructed by Manches) for the defendant.
Judgment Dates: 20 February 2004

Catchwords

Negligence - Duty of care - Proximity - Report into potability of ground water in Bangladesh - Existence of duty of care.

The Case

In the circumstances of the case, there was not a relationship of sufficient proximity so as to give rise to a duty of care between the defendant, which had published a report into the potability of ground water in parts of Bangladesh, and the claimant, who alleged that he had suffered arsenic poisoning as a result of drinking such water. Accordingly, on appeal, the action was struck out.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.