Causation: Looking for answers. In Bonnington Castings Ltd v Wardlaw [1956] AC 613, the pursuer contracted pneumoconiosis as a result of inhaling silica dust. 6 Bonnington Castings Ltd v Wardlaw [1956] 1 AC 613. Part one. House of Lords. This dust came off both machines, and there was no way to prevent the dust coming off ONE of them. Bonnington Castings, Ltd. v. Wardlaw, [1956] AC 613, [1956] 2 WLR 707, [1956] 1 All ER 615 (not available on CanLII) Two such cases are highlighted by the UK decisions of Fairchild v Glenhaven Funeral Services Ltd & Ors (Fairchild) 2 and Bonnington Castings Ltd v Wardlaw (Bonnington Castings) 3. Tom McKearney wrote: Chalmers Scrap Yard "We lived at 260 Bonnington Road.Our windows looked d own onto Chalmers scrap yard, a Hell on Earth then.. My bed used to vibrate when the blast furnace was in full flow.That would not be allowed now.. Now that Tinto Place, an entrance to Chalmers is being developed for housing. . “In Bonnington Castings Ltd v Wardlaw [1956] there the plaintiff’s disease was caused by an accumulation of noxious dust in his lungs. C’s disease was caused by the inhalation of dust. ... [1956] AC 613. Lord Reid . 3. McGhee v National Coal Board [1973] 1 WLR 1 Case summary . Lord Tucker . . This case document summarizes the facts and decision in Bonnington Castings Ltd v Wardlaw [1956] AC 613. View all articles and reports associated with Wardlaw v Bonnington Castings Ltd [1956] UKHL 1 (2011) 23 SAcLJ Causation, Science and Statistical Evidence 311 V. Amaca distinguished and clarified Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. 4 Bonnington Castings Ltd v Wardlaw [1956] 1 AC 613 at 621, per Lord Keith. Lord Keith of Avonholm . established long before Wardlaw. Tom McKearney. Die Jovis, 1° Martii 1956 Parliamentary Archives, HL/PO/JU/4/3/1036 Viscount Simonds Lord Reid Lord Tucker Lord Keith of Avonholm Lord Somervell of Harrow HOUSE OF LORDS BONNINGTON CASTINGS LIMITED v. WARDLAW Viscount Simonds 1st March, 1956 my lords, I have had the advantage of reading the Opinion which my noble and First was the swing grinders, D was negligent. Devereux Chambers | Personal Injury Law Journal | September 2016 #148. I agree that the correct view of Bonnington is that it is a but-for case.Athey, however, seemingly didn't, putting it with McGhee. " The defendants were not responsible for one source but they could and ought to have prevented the other. This was a book on the common law of negligence, published in the USA and the UK, and citing authorities from both countries. There, the Privy Council regarded the cases of Bonnington Castings v Wardlaw (leaving aside the point as to the divisibility of the disease pneumoconiosis), Bailey v Ministry of Defence and Williams itself as essentially similar to each other. Bonnington Castings Ltd v Wardlaw – 1956 UK) o “ Material” = The test for causation is: whether the taking of a particular step which the defendant did not take “ Ltd v Wardlaw – 1956 UK) o “ Material” = The test for causation is: whether the taking of a particular step which the defendant did not take “ Cases & Articles Tagged Under: Bonnington Castings Ltd v Wardlaw [1956] UKHL 1 | Page 1 of 1. 2 New York: Baker, Voorhis & Co; London: Stevens and Haynes, 3rd edn, 1874. Setting a reading intention helps you organise your reading. The leading case on causation was Bonnington Castings Ltd v Wardlaw , in which the House of Lords set out the general principle that the Claimant must show on the balance of probabilities that the Defendant’s wrongful acts caused or materially contributed to the injury. Cited – Bonnington Castings Ltd v Wardlaw HL 1-Mar-1956 The injury of which the employee complained came from two sources, a pneumatic hammer, in respect of which the employers were not in breach of the relevant Regulations; and swing grinders, in respect of which they were in breach. Fitzgerald v Lane [1989] 1 AC 328 Case summary . . You can filter on reading intentions from the list, as well as view them within your profile.. Read the guide × (back to preceding text) Where, as in the present case, a breach of a duty of care is proved or admitted, the burden still lies on the plaintiff to prove that such breach caused the injury suffered: Bonnington Castings Ltd. v. Wardlaw [1956] A.C. 613; Wilsher v.Essex Area Health Authority [1988] A.C. 1074. The dust which he had inhaled came from two sources. The Privy Council applied the principles in Bonnington Castings Ltd v Wardlaw [1956] AC 613 and found that on the balance of probabilities the hospital board’s negligence materially contributed to the injury to the Claimant’s heart and lungs. The decisions of this House in Bonnington Casting Ltd v Wardlaw [1956] AC 613 and McGhee v National Coal Board [1973] 1 WLR 1 give no support to such a view." Bonnington Castings v Wardlaw (1956)­ Man worked in an engineering place, where 2 machines gave off dust. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. Wilsher v Essex [1988] 1 AC 1074 Case Summary . Two causes of dust. Comment. So instead the court applies the test in Bonnington Castings Ltd v Wardlaw [1956] AC 613 and asks whether the Defendant’s particular exposure made a material contribution to the disease. 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