The Caparo Illusion: the three-stage test has gone – what happens next?

In Robinson v Chief Constable of West Yorkshire Police [2014] EWCA Civ 15 the Court of Appeal held that “the Caparo test applies to all claims in the modern law of negligence”.┬áBy the time the case reached the Supreme Court that well-known three-stage test had been held to be of no practical application. How and why did this volte-face occur? And where does that leave lawyers and judges when deciding whether a duty of care is owed or not? Mark Cannon QC and Joshua Folkard discuss.

  • Subscribe to our podcast:


Download The Caparo Illusion Handout Here


Mark Cannon QC

Joshua Folkard

Related Expertise

Professional Liability


Professional Liability