Published online by Cambridge University Press: 31 July 2008
In May 1932 the House of Lords delivered its judgement in the case about the presumed snail in the ginger beer bottle with which even non-lawyers are familiar, Donoghue v Stevenson. One of the five judges, Lord Atkin, formulated what has become known as the neighbour test in this way:
The author would like of thank the Revd. Roger Greeves, former Chaplain of Robinson College, for his help on the biblical aspects of this article.Google Scholar
1 Donoghue v Stevenson [1932] AC 562 at 580. HL.Google Scholar
2 Material for this section is taken from the Dictionary of National Biography 1941–1950 and Lewis, Geoffrey, Lord Atkin (London, Butterworths, 1983).Google Scholar
3 Printed in Journal of the Society of Public Teachers of Law (1932) 27.Google Scholar
4 See Lewis, , Lord Atkin, p 56.Google Scholar
5 Journal of the Society of Public Teachers of Law (1932) 27 at 30.Google Scholar
6 Matthew, 7: 12.Google Scholar
7 Luke, 6: 31.Google Scholar
8 Leviticus, 19: 18.Google Scholar
9 Encyclopaedia Judaica (Jerusalem, Macmillan, 1971), vol 8, col 484.Google Scholar
10 See eg Encyclopedia of Philosophy (New York, Macmillan, 1967), vol 3, p 365.Google Scholar
11 SirBuller, Francis, An Introduction to the Law relative to Trials at Nisi Prius (London, R Pheney and S Sweet) 7th edition (1817), p 24b,Google Scholar For a fascinating commentary. see Prichard, M J ‘Trespass, Case and the Rule in Williams v Holland [1964] Cambridge Law Journal 234.Google Scholar
12 Cited in Lewis, , Lord Atkin, p 57.Google Scholar
13 Luke, 10: 25–29.Google Scholar
14 See Spiers, Revd Kerr, ‘Who is My Neighbour?’ in Burns, Peter T. (ed) Donoghue v Stevenson and the Modern Law of Negligence (Vancouver, Continuing Legal Education Society of British Columbia, 1991).Google Scholar
15 See Donoghue v Stevenson [1932] All ER Rep 1 at 11.Google Scholar
16 See Lewis, , Lord Atkin, p 57.Google Scholar
17 Cited in Lewis, , Lord Atkin, p 51.Google Scholar
18 Bell v Lever Bros Ltd [1932] AC 161 at 217, HL.Google Scholar
19 Fender v St John Mildmay [1938] AC 1 at 10. HL, a case on breach of promise of marriage.Google Scholar
20 Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd [1943] AC 32 at 50, HL.Google Scholar
21 Liversidge v Anderson [1942] AC 206, HL.Google Scholar