Dalling v R J Heale & Co Ltd [2011] EWCA Civ 365 (05 April 2011)

Dalling v R J Heale & Co Ltd [2011] EWCA Civ 365 (05 April 2011)

The court held that the second injury was causally related to the first tortious injury and that the claimant's impaired ability to control his drinking was a consequence of the defendant's tort. The claimant's conduct was not a wholly voluntary act breaking the chain of causation, but contributory negligence...

Source-derived case information.

Citation
[2011] EWCA Civ 365
Parties
Claimant/respondent: Stephen John Dalling; Defendant/appellant: R J Heale & Co Ltd
Jurisdiction
England and Wales
Judgment Date
05 April 2011
Procedural Posture
Personal Injury Appeal / Appeal From Assessment of Damages
Outcome
Appeal dismissed
Legal Topics
Causation, Contributory Negligence, Novus Actus Interveniens, Assessment of Damages
Tort Law Personal Injury Causation Contributory Negligence Novus Actus Interveniens Assessment of Damages

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Summary, issues, holding and outcome

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Parties

Stephen John Dalling

Claimant/respondent

R J Heale & Co Ltd

Defendant/appellant

Procedural Posture

Personal Injury Appeal / Appeal From Assessment of Damages

Legal Issues

  1. 1 Whether the defendant is liable for damages arising from a second accident allegedly causally linked to the first tortious injury
  2. 2 Whether the claimant's voluntary conduct (excessive drinking) breaks the chain of causation
  3. 3 Whether contributory negligence applies to reduce damages for the second accident

Ratio Decidendi

The court held that the second injury was causally related to the first tortious injury and that the claimant's impaired ability to control his drinking was a consequence of the defendant's tort. The claimant's conduct was not a wholly voluntary act breaking the chain of causation, but contributory negligence applied, reducing damages by one third. It was fair and just to hold the defendant partly liable.

Court Disposition

Appeal dismissed

Orders

  • Defendant to remain liable for two-thirds of the damages for the second accident, with one-third reduction for contributory negligence.