Defences to Tort Claims


Produced in partnership with Aileen McErlean of Gatehouse Chambers
Practice notes
In-house

Defences to Tort Claims


Produced in partnership with Aileen McErlean of Gatehouse Chambers

Practice notes
In-house
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Defending a tort claim—general considerations

In reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a duty, there was no breach of duty or there was a break in the chain of causation.

In each of those cases, the claimant has failed to establish that the defendant is prima facie liable.

For guidance on establishing liability for the tort of negligence, see Practice Notes:

  1. •

    Negligence—key elements to establish a negligence claim

  2. •

    Negligence—when does a duty of care arise?

  3. •

    Negligence—when is the duty of care breached?

This Practice Note considers the defences, which may exculpate a defendant from liability where liability has prima facie been established.

Limitation defences in tort claims

Even where there has been a duty which has been breached, the claimant may still face the prospect of their claim being resisted or struck out if the defence can establish that the claim is time-barred. For further guidance, see Practice Notes:

  1. •

    Limitation—tort claims

  2. •

    Limitation—professional negligence claims—Date of accrual in tort

  3. •

    Limitation—latent damage

Contributory

Aileen McErlean
Aileen McErlean

Gatehouse Chambers

Aileen has a broad based commercial practice with particular emphasis on company and insolvency matters. She has considerable experience in contractual and commercial disputes and civil fraud claims. Aileen is also regularly instructed in asset-based lending claims and guarantee disputes. Aileen appears regularly in the High Court (primarily unled) and is able to advise on litigation strategy, interim applications and ADR. She acts on behalf of insolvency practitioners, technology multi-nationals, utilities companies, banks, accountants and insurers in complex, high value claims.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Causation definition
What does Causation mean?

Causation comprises the policy definitions on what in law constitutes a factual connection between an act and a consequence that in some way follows from that act.

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