The Snail in the Bottle and the Good Samaritan

As mentioned recently, I was invited to address a group of Christian lawyers and law students on a key tort case, the famous “snail in the bottle” case of Donoghue v Stevenson [1932] AC 562, and its connections to the Biblical parable of the Good Samaritan. The paper I presented can be downloaded here:

One further comment: in the second half of the paper I address the question that Jesus was asked before telling the story of the Good Samaritan: “What must I do to inherit eternal life”? I was interested to see that the President of the United States seemed to be addressing this question recently in terms of a hope for heaven. For those interested in the answer to the question, I recommend not only my paper, but also this excellent recent comment by my friend Murray Campbell: “Will Donald Trump be welcomed into heaven?” (22 Aug 2025). Spoiler alert: President Trump may have the wrong approach! But Jesus can provide the answer.

Pathways to Justice conference

I will be one of a number of speakers at a conference to be held next month entitled “Pathways to Justice for Survivors of Institutional Child Abuse”. The conference will be held on Sept 19-20 at the University of Technology, in Sydney- more details here. To be clear, it is not a specific “law and religion” event, and many speakers will not come from a faith-based perspective.

Of course institutional child abuse did not only take place in churches and religious institutions. But the great tragedy is that some did happen in those contexts, and churches and religious bodies need to be aware of appropriate legal responses, as well as changes to practices and pastoral care for victims. My presentation will discuss the possible development of an area of civil liability called “non-delegable duty”, whereby churches (and other bodies) may be held civilly liable for abuse committed by those who were caring for children while working for the body, even if the perpetrators were not employees (which would include most ministers of religion.)

Many of the papers will be from a fairly technical legal perspective, but for those interested this may provide an opportunity to find out how the law is responding to these issues. And as a presenter, I have been offered a discount code for registration which is available to readers of this blog! Using the code below will provide a 10% discount from registration up to the end of August.

FAVRAZJT
Simply visit our website and enter this code during checkout to receive the discount.
Register Now with Discount
Website: pathways.openlaw.com.au

THE PAISLEY SNAIL- WHO IS MY NEIGHBOUR?

The classic formulation of the duty of care by Lord Atkin in Donoghue v Stevenson includes a reference to Jesus’ famous parable of the Good Samaritan. Lord Atkin wrote: ‘The rule that you are to love your neighbour becomes in law, you must not injure your neighbour; and the lawyer’s question, Who is my neighbour? Receives a restricted reply’. That’s the case in the legal realm. But what about in the rest of life? Can we so restrict Jesus’ words?

If you are in or around Newcastle, join us at our next Newcastle City Legal where I will be reflecting on this famous story that Jesus told, its impact on the law of negligence, and what it means for us today. This will be a breakfast seminar, run by the Newcastle Christian Lawyers Fellowship, in partnership with “City Legal”, Wednesday 20 August, 7:30 am- 8:30 am, in room X703, Nuspace Building, University of Newcastle, Cnr Hunter St and Auckland St, Newcastle. More details and registration here. Charge is $5 (and free coffee), or $10 for pastries with coffee. Everyone is welcome to come: lawyers, law students, or those just interested in the law and the Bible!