Causation, Reliance... and Loft Hatches - Andrew Spencer, 1 Chanery Lane
01/06/14. The recent Court of Appeal case of Morcom v Biddick [2014] EWCA Civ 182 raises very interesting questions about duties of care, causation and reliance.
Mr Morcom is a skilled tradesman with extensive experience in the building trade. Mr Biddick (now deceased) was an 80 year old family friend of Mr Morcom’s. On 4th December 2010 Mr Morcom attended Mr Biddick’s house to fit loft insulation to the top side of the loft hatch.
Mr Morcom accepted that he was in a position to risk-assess the task and Mr Biddick was not. Mr Morcom was happy to fix the insulation from inside the loft, although he recognised the hatch could not take his weight and there was a risk of falling if he overstretched.
The hatch door was held closed by a latch which could be opened and closed from the floor below, using a pole. Mr Biddick suggested that the latch might come loose through vibration. This would not have occurred to Mr Morcom had Mr Biddick not mentioned it.
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