Jurisdiction(s):
United Kingdom

Haley v Newcold: elective amputation found to be a novus actus; Corr fairness test applied; surveillance evidence decisive (England and Wales)

Published on: 06 November 2025

Published by a LexisNexis PI & Clinical Negligence expert

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Article summary

Haley v Newcold Ltd [2025] Lexis Citation 2783 What are the practical implications of this case?

This judgment offered an unusual chance for the court to grapple with causation where it is said the claimant behaved unreasonably, thereby aggravating injury after the defendant’s negligence. The court addressed core questions of factual and legal causation. It contains an analysis of when a novus actus interveniens arises and the fairness test to defendants articulated in Corr v IBC Vehicles Ltd [2008] 1 AC 884 and related authorities. Beyond the doctrinal points, defence practitioners will note the probative material marshalled by the defence to convince the judge that the claimant’s choice to proceed to amputation constituted a novus actus not prompted by unendurable pain. Extensive surveillance was pivotal, as was the lack of prescribed analgesia in the medical notes, together with the range of leisure pursuits undertaken by the claimant, including tenpin bowling, crazy golf, snooker, darts, and airsoft. Each activity involved time on his feet. Accordingly, the judge revisited principles and applied them to facts. The focus was whether the chain of causation was severed by the claimant’s choice, judged for fairness to the defendant...

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