Corr v IBC Vehicles - [2008] UKHL 13
Mrs Corr claimed in respect of severe physical injuries suffered
by her late husband whilst employed by IBC Vehicles. He had been
struck on the head and despite reconstructive surgery remained
disfigured and developed PTSD. Almost six years after the accident
he committed suicide. Prior to his death he had raised an action
against IBC, claiming for both his physical and psychological
injuries. Mrs Corr took over the claim after her husband's death.
The parties were in agreement that Mr Corr's depressive illness had
been caused by his accident and that his illness was the reason
that he committed suicide. Mrs Corr claimed for financial losses as
a result of the loss of her husband. IBC argued that Mr Corr's
suicide: (1) fell outside the duty of care they owed to him; (2)
was not reasonably foreseeable; (3) was an unreasonable act which
broke the chain of causation and amounted to contributory
negligence.
The House of Lords held that Mr Corr would not have taken his
own life but for injury caused by IBC. The depression was a
foreseeable consequence of IBC's breach. Although suicide was not a
usual manifestation of depression it was not uncommon, so, in the
circumstances suicide was reasonably foreseeable. There was no
break in the chain of causation because Mr Corr's suicide was not a
voluntary, informed decision taken by him as an adult of sound
mind. Mr Corr's ability to make reasoned and informed judgements
about his future had been impaired as a result of his depressive
illness which, it had been accepted was a consequence of IBC's
negligence.
The damages sought were held not to be too remote. Contributory
negligence could be appropriate in such a case but not in the
present action because the lower courts had made no findings in
that respect.
Thankfully, claims in respect of suicide following on the
development of depressive injury are relatively uncommon. However,
this decision may well open the door to claims in respect of
financial losses that, previously, might otherwise have been
thought to be too remote.