Poisoned Wells: “Proximity” and “Assumption of Responsibility” In Negligence

Extract

In Sutradhar v. Natural Environment Research Council [2004] EWCA Civ 175 the claimant, who lived in Bangladesh, suffered arsenic poisoning from drinking contaminated water. 699 other villagers suffered the same harm. The defendant, a research organization paid for by the British overseas development budget, had written a report for the Bangladeshi authorities which those authorities reasonably and foreseeably took to indicate that the water supply in the claimant's area was safe to drink. In fact, the researchers had omitted to test for arsenic and to tell the Bangladeshis that their tests did not include arsenic. The claimant sued in negligence. The defendant applied to strike out the action. The defendant failed at first instance, but, by a majority, the Court of Appeal (Kennedy and Wall L.JJ.; Clarke L.J. dissenting) dismissed the claimant's action.