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Questiontortduty of careWhat is the test for proximity in Caparo, and is it really three-stage?
Question I keep getting from people prepping for FHS Tort:
Is Caparo really still a three-stage test, or did Robinson v Chief Constable of West Yorkshire (2018) overturn it?
My reading is that Robinson didn't overturn Caparo — it relegated it. The current position seems to be:
- First, look for established categories (employer/employee, occupier/visitor, doctor/patient, road users to each other, etc.). If the case fits one, the duty is settled. No Caparo analysis needed.
- If no established category, look for incremental analogy to existing duties.
- Caparo as last resort. Only when (1) and (2) don't resolve it does the foreseeability + proximity + fair-just-and-reasonable framework actually do work.
Questions for the room:
- Have I got that right? Anything I've missed?
- For FHS / mods / collections, what authority do tutors expect you to lead with — Caparo or Robinson?
- Does anyone have a clean way of stating the relationship between the two without a 200-word digression?
If you've got a worked answer that scored well, post it (your own work only).