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Drawing the Fault Line: Multiple Tortfeasors and Intervening Acts

Drawing the Fault Line: Multiple  Tortfeasors and Intervening Acts

Patricia Hitchcock QC and Catriona Stirling, Cloisters

Introduction

One woe doth tread upon another’s heel, So fast they follow

1. It is not uncommon for a potential personal injury or clinical negligence claimant to have been subjected to a series of events that may all be linked to causation of his injury – we’ve all met the unfortunate client for whom nothing seems to go right. Sometimes the events will be the acts of third parties, which may or may not be tortious; at other times, the individual’s own actions may have played a part in the causation of his injuries. The third party acts may involve personal injury, or clinical negligence, or even assault. In such circumstances, there may be multiple potential defendants to any legal claim and serious thought needs to be given to the question of whom to claim against, to avoid potential adverse costs consequences from bringing proceedings against the wrong, or too many, defendant(s) or – worse – failing to sue the tortfeasor ultimately found to be primarily or even solely responsible for the claimant’s losses.

Download the full article here: 2012-november-drawing-the-fault-line.pdf

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