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Foreseeability, remoteness, and the burden of proof in tort

Run Time
30 Minutes
Learning Method
On-Demand Training
Practice Area
Personal Injury and Clinical Negligence
Available Until
25/06/2026

Price £130.00

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Description

Quentin Tannock, Barrister at 4 Pump Court, discussed foreseeability, remoteness and the burden of proof in tort. The following topics are covered:

  • Principles limiting recoverable damages in tort
    • Scope of duty, was the damage suffered damage that fell within the scope of the tortfeasor’s duty of care?
    • Remoteness, could the damage suffered have been reasonably anticipated?  This is frequently also referred to as foreseeability.
    • Intervening cause, was the damage or a portion of it caused by some other factor?
    • Failure to mitigate, did the claimant effectively increase the damage by failing to mitigate their loss?
    • Contributory negligence, did the claimant contribute to the extent of the damage by their own negligence?
  • Should the damage have reasonably been anticipated?
    • Was the type of loss reasonably foreseeable at the time of the breach?
      • The Wagon Mound: Overseas Tankship (UK) Ltd v Morts Dock Engineering Co. [1961] AC 388
    • If the type of loss was reasonably foreseeable, it does not matter that precisely how the loss was incurred was not reasonably foreseeable
      • Hughes v Lord Advocate [1963] AC 837
    • Where there are concurrent causes of action in contract and tort currently the narrow contractual test in respect of foreseeability (set out in Hadley v Baxendale) applies
  • Armstead v RSA
    • What did the Supreme Court decide in Armstead?
    • Burden of proof
    • Likely impact on future RTA cases
    • Practical implications.

For a preview, click the video link below:

This webinar has been accredited by APIL Training for 1 hour personal injury CPD.


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Literature

Speakers

Quentin Tannock

Barrister

4 Pump Court

Quentin Tannock has a commercial practice with a strong focus on advocacy, combining legal excellence with practical business experience.

Quentin acts and advises in complex and high-value arbitrations, litigations and mediations in the United Kingdom and internationally. He enjoys working in a team on larger disputes and is regularly instructed as sole counsel.

Quentin has a reputation as a versatile advocate, particularly skilled in cross examination. He is described in the directories as an advocate who “thinks on his feet”, deploying “persuasive and detailed advocacy”, having “experience way beyond his call year which he puts to good use”.

Quentin is well regarded for his approachability, responsiveness, calmness and ability to communicate easily with clients and yet be tenacious when representing clients in a wide range of courts and tribunals. While he offers much experience in all of Chambers’ areas of expertise, Quentin has a particular interest in taking on challenging, new work in a range of areas with a capacity to analyse and advise on cases quickly and authoritatively.

Quentin has appeared in numerous appeals, including in the Supreme Court. He has sole counsel experience in the High Court and Court of Appeal (Civil Division), as well as in institutional and ad hoc arbitrations. Quentin’s international experience includes acting and advising in respect of high value disputes arising in the Kingdom of Saudi Arabia and in the United Arab Emirates. Quentin also contributes regularly to major publications on areas of law ranging from technology law to shipping law.
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