At hospital he was given an anti-tetanus injection, where he contracted encephalitis due to an allergy of which he was previously unaware. Held: It was held that the defendant was liable. The fire spread rapidly causing destruction of some boats and the wharf, Held: The court held that Re Polemis and Furness, Withy & Co [1921] should no longer be considered good law and said the defendant can only be liable for damage that was reasonably foreseeable. The plaintiff sued the defendant for the value of the entire boat. Hughes v Lord Advocate. The boy brought a claim against the workmen in the tort of negligence. Facts: * An eight year old boy was severely burned when a lamp exploded. 6 / 1 5 2 0 H u g h e s v L o r d A c a t [9 3] U K (F b y) h t p: / w. b a i l o r g u k c s e U K H L 1 9 6 3 m 2 MY LORDS, The captain of the Manchester Regiment sent 50 of his crew to the Oropesa because his boat was so badly damaged. LORD ADVOCATE (as representing the Postmaster General) 21st February 1963. At night, a young boy entered the tent and knocked one of the lamps into the hole, causing an explosion. He was then sent to hospital where it was discovered that the fracture had not united. It includes all the. One year later the council had not undertaken the repairs. Held: The defendant was held to be liable for negligence of the workmen. ... Hughes v Lord Advocate. 6 / 1 5 2 0 H u g h e s v L o r d A c a t [9 3] U K (F b y) h t p: / w. b a i l o r g u k c s e U K H L 1 9 6 3 m 2 MY LORDS, CITATION CODES. The boy was thrown into the hole, and he suffered from severe burns. Hughes v Lord Advocate [1963] UKHL 8 is a famous Scottish delict case decided by the House of Lords on causation. When they came up they dropped the lamp which exploded and caused damage. Willis, a bystander, picked up the squib and chucked it elsewhere to protect himself from injury. Whilst in this state he attempted to climb down a steep concrete staircase without a handrail unaided. He applied for compensation on the ground of this incapacity. On the facts, Hugh’s injuries resulting from the explosion may be held to be broadly similar to that caused by fire: see Hughes v Lord Advocate [1963]. With regard to Hugh and his subsequent heart failure, candidates should have stated the doctrine of ‘take your victim as you find him’ (see (e.g.) It is also influential in the English law of tort . The boys mucked around and the claimant accidently knocked the lamp into the hole, causing an explosion. The case reached the House of Lords, where the main issue was whether the damage was too remote. Facts: The defendant's employees negligently loaded cargo onto the plaintiff's (claimant's) ship. Facts. The complainant was employed as a galvaniser of steel for the defendants, Leech Brain & Co Ltd. Lord Advocate. Facts: The claimant (8 year old) and another boy were playing on a road. Facts: A ship called The Oropesa was negligently navigated and collided with another ship, the Manchester Regiment. Facts: The issue in this case was whether or not the fire was forseeable. LORD ADVOCATE. The man hole had been left by workmen taking a break. Workmen were completing some underground maintenance of some telephone equipment, meaning they had to open a manhole cover. Share. An explosion occurred and the child was severely injured. Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. I am satisfied that […] Therefore, a defendant will remain liable even if foreseeable harm is caused in an unforeseeable manner. Hughes v Lord Advocate United Kingdom House of Lords (21 Feb, 1963) 21 Feb, 1963; Subsequent References; Similar Judgments; Hughes v Lord Advocate. ✅ Research Methods, Success Secrets, Tips, Tricks, and more! (Lord Jenkins in Hughes v Lord Advocate) Analyse this statement in terms of case law. Hughes brought a negligence claim against the Lord Advocate (defendant), who represented the Post Office employees. It was “axiomatic” that later negligence by a doctor (so in principle, presumably anyone’s later negligence) would amount to a “new cause” and so break the chain of causation flowing from the original accident. REASONS: The exact circumstances that created the burns were not foreseeable. Hughes v Lord Advocate is similar to these court cases: Donoghue v Stevenson, Titchener v British Rlys Board, Re Polemis & Furness, Withy & Co Ltd and more. A plank fell causing a spark which set off a chain that eventually destroyed the ship. In R v Vickers, the Court confirmed that an intention to cause grievous bodily harm is sufficient as the mens rea for murder. Workmen employed by the defendant had been working on a manhole cover, and then proceeded to take a break, leaving the hole encased in a tent with lights left nearby to make the area visible to oncoming vehicles. Provided that some kind of personal injury was foreseeable it did not matter whether the injury was physical or psychiatric. Hughes v. Lord Advocate At delivering judgment on 21st February 1963,— LORD REID .—I have had an opportunity of reading the speech which my noble and learned friend, Lord Guest, is about to deliver. The claimant was not physically injured but the incident triggered his ME, meaning he was unable to return to his job as a teacher. Smith v Leech Brain & Co Ltd [1962] 2 QB 405. Held: It was held that the claimant's actions amounted to a novus actus inteveniens (i.e. Held: The hospital was negligent but not liable, since even the proper procedure would not have revealed the allergy. Hughes v Lord Advocate [1963] UKHL 31 is an important Scottish delict case decided by the House of Lords on causation. Facts: The defendant employed the claimant who slipped on a ladder at work because of oil on the step. Thus the judge was entitled to find that on the balance of probabilities an apparently unlikely set of facts had happened, as in Hughes v Lord Advocate [1963] AC 837 and was not obliged to hold that the claimant had failed to discharge the burden of proof as in Rhesa Shipping v Edmunds [1985] 1 WLR 948. o One of the boys accidentally knocked the lamp over into the manhole, which exploded. I do not think that this authority assists him. Smith v Leech Brain & Co Ltd, Next case —–> As a result, Stephenson developed a serious virus and became chronically infirm. In Hughes v Lord Advocate, the HL held that only the type of harm needs to be reasonably foreseeable. Smith v Landmark court decision in Scots delict law and English tort law by the House of Lords. I agree with him that this appeal should be allowed and I shall only add some general observations. Near the road was a potthole with red paraffin warning lamps placed there. Held: The court held that the defendants had exposed the claimant to severe cold and fatigue likely to cause a common cold, pneumonia, or chilblains. The claimant, an eight-year-old boy, and a friend, climbed into the hole. This case has been doubted as it appears to be inconsistent with Bradford v Robinson Rentals [1967], but it has not been overruled. Topic. You are required to explain the concept of remoteness (or causation in law) and the way in which a line must be drawn on causal responsibility in tort for reasons of practicality or justice. They had erected a canvas shelter over the manhole and had placed paraffin warning lamps around the shelter. MY LORDS, I have had an opportunity of reading the speech which my noble andlearned friend, Lord Guest, is … HOUSE OF LORDS. 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