Key Tension

The key tension is stability and development particuarluary as common law must balance stability/certainity against development/adaptability

Atkins:

• Common law should develop to meet changing social conditions

• Earlier negligence cases are examples of a broader underlying principle, not isolated individual case

• Neighbour principle provided a basis for extending liability

• Favoured judicial development

• Justice and reasonable foreseeability justified development

Buckmaster:

• existing law should remain stable & significant change left for Parliament

• Earlier engligence cases were narrow exceptions not evidence of a general principle

• favoured judicial restraint

• stability provides certainity and predictbaility

• concernted that expansion of liability would create a chilling effect on society

• it would open the floodgates