In Knight v AXA Assurance [2009] EWHC 1900 (QB) the court was asked to determine two preliminary issues of law: 1) whether the assessment of damages, where liability is admitted, should be governed by English law; and 2) to what extent the award of pre-judgment interest should be governed by English law and/or French law. [...]

1) The traditional test was that if the negligent act caused foreseeable harm, a defendant was liable for all damage that was a direct consequence of his or her negligent act or omission (see Re Polemis [1921] 3 KB 560) 2) The current test is that a defendant is only liable for reasonably foreseeable damage [...]

In Harris v Perry [2008] EWCA Civ 907, the Court of Appeal held that it was impossible to preclude all risks that, when playing together, children may injure themselves or each other. In this case, where two children were injured when playing on a bouncy castle, it was not reasonably foreseeable that boisterous play on [...]