The Caparo Illusion: The Three-Stage Test ... - 4 New Square

4 NEW Square LINCOLN S INN LONDON WC2A 3RJ T: +44 (0) 207 822 2000 F: +44 (0) 207 822 2001 DX: LDE 1041 E: The Caparo illusion : The Three-Stage Test Has Gone. What Happens Next? Mark Cannon QC Josh Folkard February 2019 This material was provided for 4 New Square s Professional Liability & Regulatory Conference in February 2019. It was not intended for use and must not be relied upon in relation to any particular matter and does not constitute legal advice. It has now been provided without responsibility by its authors. Mark Cannon QC Call: 1985 Silk: 2008 Mark is a well-established commercial silk whose practice is mainly focused on professional liability in a commercial context, insurance and reinsurance, construction and commercial disputes. He is described in the current directories as very user-friendly , outstanding and super-clever , very approachable with an impressive ability to retain complex information and deploy it strategically in cross-examination , having a phenomenal brain, able to cut through the most complicated issues with ease and as having a fearsome intellect.

21. These will no longer be based on the three-fold test. Rather the focus should be on existing authority. So, while the Court of Appeal in Robinson v. Chief Constable of West Yorkshire Police decided the issue on policy grounds, the Supreme Court found the answer in existing authority. High Level Analysis 22. At a high level authority shows that:

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