TORT

Sweet & Maxwell's Textbook Series

Paula Giliker, M.A. (Oxon.), B.C.L., Ph.D. (Cantab.)Barrister, Senior Lecturer in Law, Queen Mary,University of London

and

Silas Beckwith, LL.B (Lond.)

Barrister, Senior Lecturer in Law, London Metropolitan University

LONDONSWEET & MAXWELL

2004

Table of Contents

PagePreface vTable of Contents viiTable of Cases xxvTable of UK Statutes beiTable of Statutory Instruments lxviiTable of EC & International Legislation lxix

Page1 The Nature of Tortious Liability

What is fort? 1-002

Principles of Liability(1) Compensation 1-004(2) Fault 1-005(3) Retributive justice 1-006(4) Deterrence 1-007(5) Economic efficiency (market deterrence) 1-008(6) Loss distribution 1-009Conclusions 1-010

The Interests Proteeted by Tort(1) Personal härm 1-012(2) Harm to property 1-013(3) Harm to reputation 1-014(4) Harm to financial interests 1-015(5) Harm to the due process of law 1-016

The Role of Tort in the Law of ObligationsThe distinetion between tort and contract 1-018The distinetion between tort and restitution 1-019

The Impact of European and Human Rights Law 1-020

Tort in Modern SocietyTort and other compensation Systems 1-022Why not tort? 1-023

iü CONTENTS

Cost 1-024Time 1-025Risk 1-026Difßculty 1-027Absence of litigation consciousness 1-028

Proposais for reform 1-029(1) A mixed System 1-030(2) No fault liability 1-031(3) Insurance 1-032

Tortious liability: conclusion 1-033

2 Negligence: The Duty of CareIntroducüon 2-001

Definition of "negligence" 2-002

Studying Negligence 2-003

An Overview of Negligence 2-004

The Duty of CareAn overview 2-005The historical background 2-006The first step: identifying a general principle 2-007

Lord Atkin's "neighbourprinciple" 2-008The second step: applying the general principle 2-009

The decision in Hedley Byrne 2-010The decision in Dorset Yacht 2-011Lord Wilberforce's "two-stage test" 2-012

The third step: refining the principle 2-013The modern approach 2-014The Caparo criteria 2-015

(1) Foreseeability 2-016The foreseeable claimant 2-017Is an unborn child a "foreseeable claimant"? 2-018

(2) Proximity 2-019(3) "Fair, just and reasonable" 2-020

Applying the Caparo criteria: factors relevant to the impositionof a duty of care 2-021

Misfeasance and non-feasance 2-022Non-feasance: no duty to rescue 2-023Non-feasance: no general duty to prevent others from causing damage 2-024

(1) Special relationship between the defendant and the claimant 2-025(2) Special relationship between the defendant and the third party 2-026(3) Creating a source of danger "sparked off" by a third party 2-027(4) Failing to take reasonable Steps to abate a danger created by a

third party 2-028

CONTENTS ix

The type of defendant(1) Local authorities

Policy arguments"Powers" and "duties""General reliance" on the exercise of statutory powersHuman rights cases"Policy matters" and "operational matters"Human Rights: the child abuse casesThe decision in Z v United KingdomThe education cases

(2) Other public servantsThe policeThe fire brigadeThe coastguardThe ambulance ServiceThe National Health ServiceThe "unintended children" casesThe armed forces

(3) Private regulatorsShip classification societiesSports regulators

(4) The legal professionThe old lawArguments for advocates' immunity

(1) The advocate's duty to the court(2) The "cab-rank" rule and "vexatious" clients(3) The need to avoid a retrial(4) Other grounds: the length of trials and the "witness analogy"

The decision in Hall v SimonsThe Article 6.1 ControversyDuty of care: conclusion

3 Negligence: Economic LossIntroductionDefinition of "economic loss""Pure" and "consequential" economic lossAn illustration: Spartan SteelPolicy considerations

(1) Tort law should not undermine contract law(2) The desire to avoid "crushing liability"

Economic Loss Caused by Negligent ActivitiesThe traditional approachA brief period of expansion: Anns and Junior Books

The decision in AnnsThe decision in Junior Books

2-0292-0302-0312-0322-0342-0352-0362-0372-0382-0392-0402-0412-0422-0432-0442-0452-0462-0472-0482-0492-0502-0512-052

2-0532-0542-0552-0562-0572-0582-059

3-0013-0023-0033-0043-0053-0063-007

3-0083-O093-0103-011

CONTENTS xi

4 Negligence: Psychiatrie IllnessIntroduction 4-001Definition of "psychiatric illness" 4—002Types of claimant 4-003

Historical DevelopmentThe old law 4-004The "impact theory" 4-005The law expands: Hambrook v Stokes 4-006No further expansion: Bourhill v Young 4-007The emergence of the modern law: McLoughlin v O'Brian 4-008

Lord Wilberforce's "control mechanisms" 4—009

Elements of the Modern LawPsychiatric illness resulting from personal injury 4-010Psychiatric illness resulting from property damage 4-011Policy considerations 4-012Foreseeability of psychiatric illness 4-013

Foreseeability: primary victims 4—014Foreseeability: secondary victims 4-015

Primary and Secondary Victims"Primary victims" 4-019

There may be a requirement of "actual danger" 4-020In any event, the claimant's fearfor his or her own safety must be

reasonable 4-021"Secondary victims" 4-022

Secondary Victims: The Akock "Control Mechanisms"(1) Proximity of relationship 4-024(2) Proximity in time and space 4-025

Simultaneous live television 4-026(3) The means by which the psychiatric illness is caused 4-027

The "sudden shock" requirement 4-028No liability where the claimant is merely informed about the aeeident 4-029Psychiatric illness caused by a defendant harming or imperilling

himself or herseif 4-030

The Impact of White(1) Employees 4-032(2) "Unwitting agents" 4-033(3) Rescuers 4-034

Rescuers who suffer physical injury 4-035Rescuers who suffer only psychiatric härm 4-036

xii CONTENTS

Psychiatric Illness Law: Proposais for Reform"Close des oflove and affection": the "fixed list" 4-038The "just and reasonable"proviso 4-039The "actual danger" proviso 4-040Rescuers, participants and "unwitting agents" 4-041Defences 4-042Liability for psychiatric illness: conclusion 4-043

5 Negligence: Breach of DutyIntroduction 5-001"Duties" and the Standard of care 5-002The "reasonableperson" 5-003

The Standard of care is objective 5-004The Standard of care is a "hypothetical", not an "average" Standard 5-005

Factors Relevant to the Standard of CareForeseeability of härm 5-007The magnitude of the risk 5-008

(1) The likelihood of härm 5-009(2) The seriousness of the consequences 5-010

The bürden of taking precautions 5-011The defendant 's financial circumstances 5-012

The Utility ofthe defendant's conduct 5-013Common practice 5-014The "Learned Hand" lest 5-015

Special Standards of CareChildren 5-017Defendants acting in an emergency 5-018Participants in sport 5-019

The Professional Standard of CareThe Bolam test 5-021

The Standard ofthe "reasonable skilled person" 5-022The relevance of common practice and professional opinion 5-023The limits ofthe "Bolam principle" 5-024

Disclosure of the risks of treatment 5-025Policy issues in medical negligence cases 5-026

Proof of BreachCivil Evidence Act 1968 5-028Res ipsa loquitur 5-029

When does the maxim apply? 5-030(1) The occurrence must be one that will not normally happenwithout negligence 5-030

CONTENTS xiii

(2) The defendant must have control of the thing which causesthe härm 5-031

(3) The cause of the occurrence must be unknown to theclaimant 5-032

What is the effect of the maxim? 5-033Breach of duty: conclusion 5-034

Causation and RemotenessIntroduction 6-001

Factual causationThe pragmatic approach 6-003The "but for" fest 6-004Problems with the "but for" test 6-O05

Concurrent causes"Indeterminate cause" 6-009"Cumulative cause" 6-010

Consecutive causes 6-011

Proof of causationThe "all or nothing" approach 6-013The "material increase in risk" approach 6-014When will the "material increase in risk approach" appfy? 6-015Recovery for "loss of a chance" 6-016

Novus Actus InterveniensIntervening act of a third party 6-018

Natural or "instinctive" Intervention 6-019Negligent Intervention 6-O20Intentional acts of wrongdoing 6-021

Intervening act of the claimant 6-022

Remoteness of DamageThe old law 6-024The modern law: The Wagon Mound (No.l) 6-025

Foreseeability of the "kind of damage" 6-026Foreseeability of the "way the damage is caused" 6-027Foreseeability of the "extent" of the damage 6-028

The "Eggshell Skull" RuleCausation and remoteness: conclusion 6-030

xiv CONTENTS

7 Employers' LiabilityIntroduction 7-001The development of employers' liability 7-002

Personal LiabilityThe nature of the duty 7-004

(1) Provision of competent staff 7-005(2) Provision of adequate plant and equipment and a safe place of

work 7-006(3) Provision of a safe System of work 7-007

The modern scope of personal liability 7-008Stress in the workplace 7-009

Breach of Statutory DutyConstruing Partiamentary intention 7-011

(1) Protection of a class 7-012(2) The nature of the legislation 7-013(3) Alternative remedies 7-014

Further considerations 7-015(1) Is the duty owed to this particular claimant? 7-016(2) Has the defendant breached his or her duty to the claimant? 7-017(3) Did the breach cause the damage concerned? 7-018(4) Is the damage of the kind which the Statute intended to

prevent? 7-019Defences 7-020Breaches of European legislation (the "Eurotort") 7-021

Vicarious Liability(1) The employee committed a tort 7-023(2) The existence of an employer/employee relationship 7-024

Factors identijying "employees" 7-025The terms of the contract 7-025Control 7-026The relationship as a whole 7-027Lending an employee 7-028

(3) The employee acted in the course of employment 7-029Prohibited and criminal conduct by employees 7-030

Summary 7-031Liability for the actions of independent contractors 7-032Can vicarious liability be justified? 7-033Employers' liability: conclusion 7-034

8 Occupiers' LiabilityIntroduction 8-001The old law 8-002

CONTENTS XV

(1) Contractual entrants 8-003(2) Invitees 8-004(3) Licensees 8-005(4) Trespassers 8-006

The need for reform 8-007

Occupiers' Liability Act 1957The scope of the 1957 Act 8-009

(1) The Act covers damage to property as well as personal injury 8-009(2) Liability under the Act may be limited by an express term of a

contract, or by a notice given to visitors 8-010(3) The Act is thought to apply only to the "occupancy duty" 8-011

Definition of "occupier" 8-012Definition of "premises" 8-013Definition of "visitor" 8-014

Persons entering by authority of law 8-015Persons exercising rights of way 8-016Implied permission 8-017Limitations on permission 8-018

The "common duty of care" 8-019Discharging the common duty of care 8-020

(1) Children 8-021(2) Professional visitors 8-022(3) Giving a warning of the danger 8-023(4) Entrusting work to independent contractors 8-024

Exclusion of liability 8-025(1) Displaying a notice on the premises 8-026(2) An express term of a contract 8-027

The contract's effect on third parties 8-028Unfair Contract Terms Act 1977 8-029

Liability to Non-Visitors

The old law 8-030

Occupiers' Liability Act 1984 8-031

DefencesContributory negligence 8-033

9 Strict Liability Statutes

(1) Consumer Protection Act 1987 9-002Introduction 9-002

The Common Law PositionThe scope of Donoghue v Stevenson 9-003

CONTENTS

The duty of care 9-005Breach 9-006Causation and remoteness 9-007The type of loss recoverable 9-008

Particular problems relating to defective products 9-009(1) What is a product? 9-009(2) Has there been intermediate examination or interference? 9-010(3) The manufacture/design distinetion 9-011

The need for change? 9-012

Consumer Protection Act 1987Who can sue? 9-014Who is liable? 9-015

(1) Producer—s.l(2) and 2(2)(a) 9-016(2) Own-brander—s.2(2)(b) 9-017(3) Importer into E.C.—s.2(2)(c) 9-018(4) Supplier—s.2(3) 9-019

What is a product? 9-020What is a defect? 9-021What damage? 9-023Defences

(a) The defect is attributable to compliance with a requirementimposed by law 9-025

(b) The defendants did not at any time supply the product to another 9-026(c) Supply by the defendants was not in course of their business 9-027(d) The defect did not exist in the product when it was put in

circulation 9-028(e) The development risk defence 9-029(f) The defect was a defect in a finished product (X) in which

the product in question had been comprised AND was whollyattributable to the design ofXor to compliance with the producerofX's instruetions 9-031

Contributory negligence 9-032Exclusion clauses 9-033Limitation periods 9-034Causation and remoteness 9-035

Assessment of the impact of the Act 9-036Continuing practical problems 9-036Standard and non-standard products 9-037Use of settlements 9-038

Breach of Statutory Duty 9-039

Reform of the Product Liability Directive 9-040

(2) Animals Act 1971 9-041Dangerous/non-dangerous species 9-042

xvi C o N T E N T S

The duty of care 9-005Breach 9 - ° 0 6

Causation and remoteness 9-007The type of loss recoverable 9-008

Particular problems relating to defective products 9-009(1) What is a product? 9-009(2) Has there been intermediate examination or interference? 9-010(3) The manufacture/design distinetion 9-011

The need for change? 9-012

Consumer Protection Act 1987Who can sue? 9-014Who is liable? 9-015

(1) Producer—s.l(2) and 2(2)(a) 9-016(2) Own-brander—s.2(2)(b) 9-017(3) Importer into E.C.—s.2(2)(c) 9-018(4) Supplier—s.2(3) 9-019

What is a product? 9-020What is a defect? 9-021What damage? 9-023Defences

(a) The defect is attributable to compliance with a requirementimposed by law 9-025

(b) The defendants did not at any time supply the product to another 9-026(c) Supply by the defendants was not in course of their business 9-027(d) The defect did not exist in the product when it was put in

circulation 9-028(e) The development risk defence 9-029(f) The defect was a defect in a finished product (X) in which

the product in question had been comprised AND was whollyattributable to the design ofX or to compliance with the producerofX's instruetions 9-031

Contributory negligence 9-032Exclusion clauses 9-033Limitation periods 9-034Causation and remoteness 9-035

Assessment of the impact of the Act 9-036Continuing practical problems 9-036Standard and non-standard products 9-037Use of settlements 9-038

Breach of Statutory Duty 9-039

Reform of the Product Liability Directive 9-040

(2) Animals Act 1971 9-041Dangerous/non-dangerous species 9-042

CONTENTS xvii

Dangerous species 9-043Non-dangerous species 9-044

Defences 9-046(i) Fault of the victim 9-047(ii) Voluntary acceptance of risk 9-048(üi) The victim is a trespasser 9-049

Conclusion 9-050

10 Nuisance and the Rule in Rylands v FletcherIntroduction 10-001

Nuisance 10-002

Private NuisanceWhat amounts to a private nuisance? 10-004"Reasonable user" 10-005Factors determining reasonable user 10-006

(1) The nature of the locality 10-007(2) Duration andfrequency 10-008(3) Utility ofthe defendant 's conduct 10-009(4) Abnormal sensitivity 10-010(5) Malice 10-012

Who can sue? 10-013Rights in the land 10-016Losses incurred prior to acquisition of a right to land 10-017Landlords 10-018

The Human Rights Act 1998 10-019Who can be sued? 10-020

(1) The occupier ofthe land 10-021(i) The occupier exercises control over the creator 10-022(ii) The occupier has adopted or continued a nuisance created

by a trespasser 10-023(üi) The occupier has adopted or continued a nuisance created by

an act of nature 10-024The measured duty of care 10-025

(iv) The creator is the occupier's predecessor in title 10-025(2) The landlord 10-026

(i) Where the landlord expressly or impliedfy authorises thenuisance 10-027

(ii) The landlord knew or ought to have known of the nuisancebefore letting 10-029

(üi) The landlord covenanted to repair, or has a right to enterto repair 10-030

Must the nuisance emanate from the defendant's land? 10-031

xviii

Relevant defences(1) Statutory authority(2) 20 years' prescription(3) Inevitable accident(4) Act of a stranger

Ineffective defences(1) Coming to the nuisance(2) Utility(3) Jus Tertii(4) Due to many

Relationship Between Private Nuisance and Other TortsThe relationship between private nuisance and negligenceThe relationship between private nuisance and trespass to land

Public NuisanceObstructions on the highwayProjections over the highwayParticular damage

The Rule in Rylands v FletcherWhat is the significance of Rylands v Fletcher?Liability under the rule in Rylands v. Fletcher

(1) The defendant brings on his lands for his own purposessomething likely to do mischief

(2) If it escapes(3) Non-natural user(4) Foreseeability of damage ofthe relevant type

Who can sue?Who can be sued?Defences

(1) Claimant's default(2) Unforeseeable act of stranger(3) ActofGod(4) Statutory authority(5) Consent

Remedies(1) Injunctions(2) Abatement(3) Damages

Personal injuryEconomic tossDamage to chatteisRemoteness

The Human Rights Act 1998Conclusion

CONTENTS

10-03210-03310-03410-03510-03610-03710-03810-03910-04010-041

10-04310-044

10-04610-04710-048

10-05010-052

10-05310-05410-05510-05610-05710-05810-05910-06010-06110-06210-06310-064

10-06610-06710-06810-06910-07010-07110-07210-07310-074

CONTENTS xix

11 TrespassIntroduction 11-001

Trespass to the PersonBattery 11-003

(1) It must be intentional 11-004(2) It must be direct 11-005(3) Immediate force 11-006

Assault 11-007(1) Reasonable apprehension ofharm 11-008(2) It must be intentional 11-009(3) It must be immediate and direct 11-010

Can words amount to an assault? 11-011False imprisonment 11-012

(1) A complete restriction ofthe claimant's freedom ofmovement 11-013It is unnecessary to show the claimant knew of the imprisonment 11-015

(2) Without legal authorisation 11-016

The Rule in Wilkinson v Downton 11-017

Trespass to the Person: Defences(1) Consent 11-019

Refusal of consent 11-020Limits to consent 11-021

(2) Necessity 11-022(3) Self-defence 11-023(4) Provocation 11-024(5) Contributory negligence 11-025(6) Lawful authority 11-026

Can trespass to the person be committed negligently? 11-027

Protection from Harassment Act 1997 11-028What is "harassment"? 11-029Remedies 11-030

Malicious Prosecution 11-031

Trespass to Land(1) Direct and unjustifiable interference 11-034(2) Possession of land 11-035

Trespass to land: Defences(1) Licence 11-037(2) Necessity 11-038(3) Justification by law 11-039

CONTENTS

Trespass to land: Remedies(1) Self-help 11-041(2) Order for possession ofland 11-042(3) Mesne profits 11-043

Trespass to GoodsThe requirements of trespass to goods 11-044

(1) It must be intentional 11-045(2) It must be direct 11-046(3) Actionable per se? 11-047(4) Possession 11-048

Defences 11-049

12 DefamationIntroduction 12-001

Libel and SlanderTypes of slander actionable per se

(1) Imputation of a criminal offence punishable by imprisonment(2) Imputation of a contagious disease(3) Imputation of unchastity or adultery by a female(4) Imputation of professional unfitness or incompetence

The General Requirements of DefamationThe wie of the judge and jury(1) Is the Statement defamatory?

Innuendo(2) Does the Statement refer to the claimant?

Group defamation(3) Has the Statement been published to a third party?Who can sue?

(1) Any living human being(2) Companies

Who cannot sue?(1) Governmental bodies(2) Political parties

Conclusion

12-00312-00412-00512-00612-007

12-00912-01012-01212-01412-01612-01712-01912-01912-02012-02112-02112-02212-023

13 Defences to DefamationIntroduction 13-001

(1) Justification (or truth) 13-002

CONTENTS xxi

(2) Fair commentIn the public interest 13-005It must be comment 13-006Fair and honest 13-007

(3) PrivilegeAbsolute privilege 13-009

(1) Statements in Parliament 13-010(2) Reports, papers, votes and proceedings ordered to be published

by either House of Parliament 13-011(3) Judicial proceedings 13-012(4) Reports of United Kingdom court proceedings 13-013(5) Communications between certain officers of State 13-014

Qualified privilege 13-015Qualified privilege at common law 13-016

What is a legal, moral or social duty? 13-017What is an interest? 13-018The duty/interest test and the media 13-019The application of Reynolds 13-021

Qualified privilege under Statute 13-023(i) Reports of Parliamentary proceedings 13-024(ii) Reports of judicial proceedings 13-025(üi) Registers 13-026(iv) Other matters covered by section 15 of and Schedule 1 to the

Defamation Act 1996 13-027Schedule 1 andfreedom of expression 13-028

(4) Offer of amends under the Defamation Act 1996 13-029

(5) Innocent dissemination 13-030Reform 13-032

(6) Limitation 13-033

The Need for ReformProcedural reforms 13-035Control of' damages 13-036

Interim injunctions 13-039

Complaints to Regulatory Bodies 13-040

Malicious or Injurious Falsehood

Defamation: Conclusion 13-043

xxü CONTENTS

14 General Defences and Extinction of LiabilityIntroduction 14-001

Defences(1) Consent 14-002

(i) Consent 14-003(ii) Voluntary assumption of risk 14-004

(a) Agreement 14-005(b) Füll knowledge and acceptance of the nature and extent of the risk

14-006(c) Voluntary choice by the claimant 14-007

Other uses of "consent" in negligence 14-009(a) Setting the Standard of care in negligence 14-010(b) Exclusion clauses 14-011

(üi) Leave or licence 14-012(2) Public policy and illegality 14-013

Reform 14-016(3) Contributory negligence 14-017

The statutory position 14-018(i) Was the claimant acting negligently? 14-019(ii) Did the claimant's actions contribute to the damage suffered? 14-020(üi) To what extent should the claimant's damages be reduced?

What is "just and equitable" in these circumstances? 14-021(a) Failure to wear a seat bell 14-022(b) Failure to wear a crash helmet 14-023Multiple defendants 14-024

(4) Inevitable accident 14-025(5) Mistake 14-026General defences: conclusion 14-027

Extinction of Liability(1) Limitation of actions 14-028

Personal injury claims—ss.ll, 14, 12 and 33 oftheLimitation Act 1980 14-029

Section 11 14-029Section 14 14-030Section 12 14-031Section 33 14-032

Defamation—ss.4A and 32A ofthe Limitation Act 1980 14-033Defective products—s.HA of the Limitation Act 1980 14-034Limitation problems 14-035

(i) Deliberate concealment 14-035(ii) Disability 14-036(iii) Latent damage: property damage or financial loss 14-037

The bürden ofproof 14-038

CONTENTS xxiii

Reform 14-039(2) Waiver 14-040(3) Accord and satisfaction 14—041(4) Judgment 14-042(5) Survival of actions on death 14-043Extinction of liability: conclusion 14-044

15 RemediesIntroduction 15-001

DamagesTypes of damages 15-003

(1) Compensatory 15-004(2) Contemptuous 15-006(3) Nominal 15-007(4) Aggravated 15-008(5) Exemplary or punitive 15-009

The three kinds of punitive damages 15-010(i) Oppressive, arbitrary or unconstitutional actions by govemment servants

15-011(ii) Conduct calculated by the defendant to make a profit which

may well exceed any compensation payable to the claimant 15-012(iii) Expressly auihorised by Statute 15-013

The "cause of action" test 15-014(6) Restitutionary 15-015(7) Damages under the Human Rights Act 1998 ("the Act") 15-017

Actions for Personal InjuryPecuniary loss 15-018

(1) Loss of eamings 15-019(2) Lostyears 15-021(3) Loss of earning capacity 15-022(4) Deductions 15-023

(i) Charity 15-024(ii) Voluntary payments by the defendant 15-025(iii) Insurance 15-026(iv) Sickpay 15-027(v) Pension 15-028(vi) Social security benefits 15-029

(5) Expenses 15-030Costofacarer 15-031

(6) Other damages 15-032Non-pecuniary loss 15-033

(1) Pain and suffering 15-033(2) Loss of amenity 15-034(3) Injury itself 15-035

xxiv CONTENTS

Interest 15-036(1) Pecuniary loss 15-037(2) Non-pecuniary loss 15-038

Alternatives to lump sum payments(1) Provisional damages 15-040(2) Interim payments 15-041(3) Periodic payments 15-042(4) Structured settlements 15-043

Actions on death(1) Actions by the deceased's estate 15-045(2) Actions by the deceased's dependants 15-046

Fatal Accidents Act 1976 15-047(1) Is the claimant a dependant within S.l(3) ofthe Act? 15-048(2) Was the claimant financially dependent on the deceased? 15-049

Assessment 15-050Deductions 15-051Damages for bereavement 15-053

Actions for Loss or Damage to Property 15-054

Joint and Several LiabilityAssessment 15-056Settlements 15-057

Other RemediesInjunctions 15-059

Prohibitory and mandatory injunctions 15-060Interim injunctions 15-061Quia timet injunctions 15-062

Remedies: conclusion 15-063

Index 483