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English tort law and the pandemic: the dog that has not barked

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  • David Howarth

    (University of Cambridge)

Abstract

As of February 2023, no case has been reported in the U.K., either in the law reports or in the media, of a victim of COVID-19 suing in tort a person or organisation alleged to have caused the victim to contract the disease. This article considers the reasons this situation might have arisen. It provisionally concludes that the main legal reasons might lie in the applicable doctrines of factual causation and goes on to discuss whether uncertainty in those doctrines should be resolved in the courts.

Suggested Citation

  • David Howarth, 2023. "English tort law and the pandemic: the dog that has not barked," The Geneva Papers on Risk and Insurance - Issues and Practice, Palgrave Macmillan;The Geneva Association, vol. 48(3), pages 577-607, July.
    • Handle: RePEc:pal:gpprii:v:48:y:2023:i:3:d:10.1057_s41288-023-00298-6
    DOI: 10.1057/s41288-023-00298-6
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    References listed on IDEAS

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    1. Md Arif Billah & Md Mamun Miah & Md Nuruzzaman Khan, 2020. "Reproductive number of coronavirus: A systematic review and meta-analysis based on global level evidence," PLOS ONE, Public Library of Science, vol. 15(11), pages 1-17, November.
    2. Francesco Parisi, 2004. "Comparative Causation," American Law and Economics Review, American Law and Economics Association, vol. 6(2), pages 345-368.
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