Buxton LJ considered the nature of the argument as to novus actus interveniens: ‘Although the doctrine of novus actus and the defence of novus actus are sometimes talked of as and presented as simply a question of causation, which at first sight might appear to be an issue of fact, it is well recognized that the matter is more complex than that. The issue is one of law, whereby the court has to be satisfied that the acts of the third party were sufficient as a matter of law to exculpate the defendants from liability for the particular result, proximate or distant though it might have been, of his negligent act’.
Judges:
Buxton LJ, Laws LJ
Citations:
[2001] EWCA Civ 109, [2001] NPC 45
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Chubb Fire Ltd v The Vicar of Spalding and Churchwardens and Church Council of The Church of St Mary and St Nicholas, Spalding CA 20-Aug-2010
The appellants had supplied a dry powder extinguisher to the church. Vandals discharged the extinguisher, requiring substantial sums to be spent cleaning the dust. The church’s insurers sought to recover the costs saying that the appellant should . .
Lists of cited by and citing cases may be incomplete.
Negligence
Updated: 06 July 2022; Ref: scu.200765
