Wielding Occam’s razor: Pruning strategies for economic loss

Barker, Kit (2006) Wielding Occam’s razor: Pruning strategies for economic loss. Oxford Journal of Legal Studies, 26 2: 289-302. doi:10.1093/ojls/gql004

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Author Barker, Kit
Title Wielding Occam’s razor: Pruning strategies for economic loss
Journal name Oxford Journal of Legal Studies   Check publisher's open access policy
ISSN 0143-6503
Publication date 2006
Sub-type Article (original research)
DOI 10.1093/ojls/gql004
Volume 26
Issue 2
Start page 289
End page 302
Total pages 14
Editor E. McKendrick
Place of publication Oxford, United Kingdom
Publisher Oxford University Press
Language eng
Subject 1801 Law
Abstract The English Court of Appeal is currently faced with three analytically distinct approaches to the question of when one party owes another a duty of care in respect of her economic interests, all of which bear the authority of the House of Lords. Unable to choose between them, it has recently adopted a fourth approach combining which combines them, in the apparent belief that the combination will eradicate any individual deficiencies. Against the background of a recent case, the author argues that this is a holding strategy at best and methodologically deficient. He also challenges the continuing lip-service paid by courts to models of liability based upon ‘assumptions of responsibility,’ examining and criticising the causes of their persistence in the law in the face of widespread academic criticism. Instead, the author argues, the House of Lords should now clearly endorse a single reasoning strategy to economic loss cases based on the three-stage approach in Caparo Industries v Dickman. Properly understood, this approach offers the best prospect of facilitating consistent and transparent decision-making in the longer term.
Keyword English case law
Pure economic loss
Court of Appeal
Q-Index Code C1

Document type: Journal Article
Sub-type: Article (original research)
Collections: Excellence in Research Australia (ERA) - Collection
TC Beirne School of Law Publications
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Citation counts: Scopus Citation Count Cited 4 times in Scopus Article | Citations
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