Category: Negligence

McCluskey v Wallace: SCS 14 May 1998

A child aged 10 had crossed the road without taking reasonable care to check whether traffic was coming. She was struck by a driver who was driving at an appropriate speed but had failed to notice her, and could have avoided her if he had been paying proper attention.
Held: The assessment of the child’s contributory negligence at 20% was upheld.

Judges:

Lord Justice-Clerk (Cullen), Lord McCluskey and Lord Murray

Citations:

[1998] ScotCS CSIH – 120, 1998 SLT 1357, 1998 Rep LR 86, 1998 SC 711, [1998] CSIH 120, 1998 GWD 20-1005

Links:

Bailii

Statutes:

Law Reform (Contributory Negligence) Act 1945

Cited by:

Cited – Jackson v Murray and Another SC 18-Feb-2015
Child not entirely free of responsibility
The claimant child, left a school bus and stepped out from behind it into the path of the respondent’s car. She appealed against a finding of 70% contributory negligence.
Held: Her appeal succeeded (Majority, Lord Hodge and Lord Wilson . .
Lists of cited by and citing cases may be incomplete.

Scotland, Personal Injury, Negligence

Updated: 22 July 2022; Ref: scu.279594

Angus v National Coal Board: SCS 9 Feb 1955

The worker had been driving his tractor, when the ground underneath him collapsed through coal workings. He died when it fell on him. There were old but themselves secure workings near the surface, but subsequent deeper workings had undermined those near the surface.
Held: The action was dismissed. The case had been pleaded in negligence alone. No plea had been raised for lack of support of the land.

Judges:

Lord Strachan

Citations:

[1955] ScotCS CSIH – 1, 1955 SLT 245

Links:

Bailii

Statutes:

Coal Industry Nationalisation Act 1946 48(1)(a)

Scotland, Personal Injury, Negligence

Updated: 22 July 2022; Ref: scu.279435

Roe v Ministry of Health: CA 1954

The plaintiff complained that he had developed a spastic paraplegia following a lumbar puncture.
Held: An inference of negligence was rebutted. However the hospital authority was held to be vicariously liable for the acts or omissions of the professional staff at its hospital who had the care of one of its patients at the material time.
Denning LJ pointed out that questions of duty, causation and remoteness were intimately linked and all directed to the same fundamental question: ‘Is the consequence fairly to be regarded as within the risk?’

Judges:

Denning LJ, Somervell LJ, Morris LJ

Citations:

[1954] 2 QB 66, [1954] 2 All ER 131, [1954] 2 WLR 915, [1954] EWCA Civ 7

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – A v Ministry of Defence and another QBD 16-Apr-2003
The claimant’s father a member of the armed forces had been posted to Germany, and his wife, A’s mother had gone with him. A had been born in Germany, but suffered injury at birth through the negligence of the doctor’s appointed by the defendant . .
Cited – Iman Abouzaid v Mothercare (Uk) Ltd CA 21-Dec-2000
The defendant appealed a finding of liability under the Act. The plaintiff had hurt his eye assisting with a pushchair sold by the defendant. An elastic strap had rebounded into his eye. It was argued that the English Act went wider than the . .
Cited – Farraj and Another v King’s Healthcare NHS Trust (KCH) and Another CA 13-Nov-2009
The claimant parents each carried a gene making any child they bore liable to suffer a serious condition. On a pregnancy the mother’s blood was sent for testing to the defendants who sent it on to the second defendants. The condition was missed, . .
Cited – BPE Solicitors and Another v Hughes-Holland (In Substitution for Gabriel) SC 22-Mar-2017
The court was asked what damages are recoverable in a case where (i) but for the negligence of a professional adviser his client would not have embarked on some course of action, but (ii) part or all of the loss which he suffered by doing so arose . .
Lists of cited by and citing cases may be incomplete.

Negligence, Vicarious Liability

Updated: 21 July 2022; Ref: scu.197042

AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust: QBD 26 Mar 2004

Representative claims were made against the respondents, hospitals, pathologists etc with regard to the removal of organs from deceased children without the informed consent of the parents. They claimed under the tort of wrongful interference.
Held: Organ removal when a post mortem had been ordered by the coroner was not tortious. In English law there is no known case involving the tort of wrongful interference with a body, and that claim failed.
As to negligence, though the primary doctor-patient relationship was with the child, ‘taking consent for a post-mortem was not just an administrative matter bringing a doctor into contact with a mother. It was . . part of the continuing duty of care owed by the clinicians to the mother following the death of a child.’

Judges:

The Honourable Mr Justice Gage

Citations:

[2004] EWHC 644 (QB), Times 12-Apr-2004, (2004) 77 BMLR 145, [2004] 2 FLR 365, [2004] 3 FCR 324, [2004] Fam Law 501, [2005] 2 WLR 358, [2005] Lloyd’s Rep Med 1, [2005] QB 50

Links:

Bailii

Statutes:

Registration of Births and Deaths Regulations 1987 41(1), Coroners Act 1988 8(1)(b), Human Tissue Act 1961

Jurisdiction:

England and Wales

Citing:

Cited – MacFarlane and Another v Tayside Health Board HL 21-Oct-1999
Child born after vasectomy – Damages Limited
Despite a vasectomy, Mr MacFarlane fathered a child, and he and his wife sought damages for the cost of care and otherwise of the child. He appealed a rejection of his claim.
Held: The doctor undertakes a duty of care in regard to the . .
Cited – Regina v Kelly 1999
Robbers who stole and sold preserved specimens from the Royal College of Surgeons’ collection were held rightly convicted of theft. The court considered the issue of ownership of a corpse: ‘We accept that however questionable the historical origins . .
Cited – Regina v Sharpe CCCR 1857
The defendant was charged not with theft of a corpse, but of its removal from a grave: ‘Our law recognises no property in a corpse, and the protection of the grave at common law as contradistinguished from ecclesiastic protection to consecrated . .
Cited – Dobson and Dobson v North Tyneside Health Authority and Newcastle Health Authority CA 26-Jun-1996
A post mortem had been carried out by the defendants. The claimants, her grandmother and child sought damages after it was discovered that not all body parts had been returned for burial, some being retained instead for medical research. They now . .
Cited – Pollok v Workman 1900
A widow sought damages for an unauthorised post mortem carried out on her husband. The act was alleged to have been criminal and in the nature of an action of assythment.
Held: The case was competent, but was dismissed for other reasons. . .
Cited – Regina v Vann 1851
A parent of a child who had not the means of providing for the burial of the body of his deceased child was not liable to be indicted for the misdemeanour of not providing for its burial, even though a nuisance was occasioned by the body remaining . .
Cited – Regina v Feist 1858
A master of a workhouse may have legal possssion of a body before burial, and therefore a duty to provide for its burial. . .
Cited – Regina v Gwynedd County Council ex parte B and Another 1992
The ambit of the 1980 act does not extend to regulating events arising after a child’s death. . .
Cited – Clarke v London General Omnibus Co Ltd 1906
The parent of an infant child who dies where the parent has the means to do so, has a responsibility to arrange and pay for the burial. . .
Cited – Hughes v Robertson 1930
The widow sought damages for an unauthorised autopsy carried out upon the body of her late husband. . .
Cited – Doodeward v Spence 1908
(High Court of Australia) The police seized from an exhibitor the body of a two headed still born baby which had been preserved in a bottle.
Held: An order was made for its return: ‘If, then, there can, under some circumstances, be a continued . .
Cited – Wilkinson v Downton 8-May-1997
Thomas Wilkinson, the landlord of a public house, went off by train, leaving his wife Lavinia behind the bar. A customer of the pub, Downton played a practical joke on her. He told her, falsely, that her husband had been involved in an accident and . .
Cited – Wainwright and another v Home Office HL 16-Oct-2003
The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched . .
Cited – Edmunds v Armstrong Funeral Home Ltd 1931
(Canada – Court of Appeal of the Alberta Supreme Court) A widower claimed damages for the unlawful carrying out of an autopsy on the body of the claimant’s deceased wife. The claim was dismissed by the judge at first instance on the ground that it . .
Cited – X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .
Cited – Powell and Another v Boldaz and others CA 1-Jul-1997
The plaintiff’s son aged 10 died of Addison’s Disease which had not been diagnosed. An action against the Health Authority was settled. The parents then brought an action against 5 doctors in their local GP Practice in relation to matters that had . .
Cited – McLoughlin v Jones; McLoughlin v Grovers (a Firm) CA 2002
In deciding whether a duty of care is established the court must go to the ‘battery of tests which the House of Lords has taught us to use’, namely: ‘. . the ‘purpose’ test (Banque Bruxelles Lambert SA v Eagle Star Insurance Co Ltd); the ‘assumption . .
Cited – Caparo Industries Plc v Dickman and others HL 8-Feb-1990
Limitation of Loss from Negligent Mis-statement
The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares.
Held: The . .
Cited – Alcock and Others v Chief Constable of South Yorkshire Police HL 28-Nov-1991
The plaintiffs sought damages for nervous shock. They had watched on television, as their relatives and friends, 96 in all, died at a football match, for the safety of which the defendants were responsible. The defendant police service had not . .
Cited – JD, MAK and RK, RK and Another v East Berkshire Community Health, Dewsbury Health Care NHS Trust and Kirklees Metropolitan Council, Oldham NHS Trust and Dr Blumenthal CA 31-Jul-2003
Damages were sought by parents for psychological harm against health authorities for the wrongful diagnosis of differing forms of child abuse. They appealed dismissal of their awards on the grounds that it was not ‘fair just and reasonable’ to . .
Cited – Page v Smith HL 12-May-1995
The plaintiff was driving his car when the defendant turned into his path. Both cars suffered considerable damage but the drivers escaped physical injury. The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time . .
Cited – Bourhill v Young’s Executor HL 5-Aug-1942
When considering claims for damages for shock, the court only recognised the action lying where the injury by shock was sustained ‘through the medium of the eye or the ear without direct contact.’ Wright L said: ‘No doubt, it has long ago been . .
Cited – Hucks v Cole CA 1968
(Reported 1993) A doctor failed to treat with penicillin a patient, the plaintiff, in a maternity ward. She was suffering from septic spots on her skin though he knew them to contain organisms capable of leading to puerperal fever. Several . .
Cited – Sutherland v Hatton; Barber v Somerset County Council and similar CA 5-Feb-2002
Defendant employers appealed findings of liability for personal injuries consisting of an employee’s psychiatric illness caused by stress at work.
Held: Employers have a duty to take reasonable care for the safety of their employees. There are . .
Cited – Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital HL 21-Feb-1985
Explanation of Medical Risks essential
The plaintiff alleged negligence in the failure by a surgeon to disclose or explain to her the risks inherent in the operation which he had advised.
Held: The appeal failed. A mentally competent patient has an absolute right to refuse to . .
Cited – W v Essex County Council and Another HL 17-Mar-2000
A foster child was placed with a family. The child had a history of abusing other children, but the foster parents, who had other children were not told. The foster child caused psychiatric damage to the carers.
Held: It was wrong to strike . .
Cited – Bolitho v City and Hackney Health Authority HL 24-Jul-1997
The plaintiff suffered catastrophic brain damage as a result of cardiac arrest induced by respiratory failure as a child whilst at the defendant hospital. A doctor was summoned but failed to attend, and the child suffered cardiac arrest and brain . .
Cited – A B and others v Tameside and Glossop Health Authority and Trafford Health Authority CA 13-Nov-1996
The choice of the telephone as a means of alerting and re-assuring people, who had received treatment from a health worker later found to be HIV+, was proper. The was no breach of a duty care, even though some people called had suffered distress: . .
Cited – Bolton v Stone HL 10-May-1951
The plaintiff was injured by a prodigious and unprecedented hit of a cricket ball over a distance of 100 yards. He claimed damages in negligence.
Held: When looking at the duty of care the court should ask whether the risk was not so remote . .
Cited – Walker v Northumberland County Council QBD 16-Nov-1994
The plaintiff was a manager within the social services department. He suffered a mental breakdown in 1986, and had four months off work. His employers had refused to provide the increased support he requested. He had returned to work, but again, did . .
Lists of cited by and citing cases may be incomplete.

Damages, Health Professions, Torts – Other, Negligence

Updated: 21 July 2022; Ref: scu.194994

Morgan Crucible Company Plc v Hill Samuel and Co Ltd: ChD 24 Jul 1990

The court laid down the procedure on a strike out application: ‘On an application to strike out a pleading under RSC Ord.18, r.19(1)(a) no evidence is admissible and since it is only the pleading itself which is being examined, the court is required to assume that each and every one of the facts pleaded (unless manifestly incapable of proof) is true and will be capable of proof at the trial. In some instances, the court may regard the assumption as somewhat unrealistic, but it nevertheless has to be made.’ The court set out the main principles under which a party can be liable for economic loss in negligence.

Judges:

Hoffmann J

Citations:

[1991] Ch 295

Statutes:

Rules of the Supreme Court Ord.18, r.19(1)(a)

Jurisdiction:

England and Wales

Cited by:

Cited – Bank of Credit and Commerce International (Overseas) Limited (In Liquidation); BCCI Holdings (Luxembourg) SA (In Liquidation); Bank of Credit and Commerce International SA (In Liquidation) v Price Waterhouse CA 13-Feb-1998
The special relationship between an auditor and a bank, meant that a duty of care could extend even to a second bank with its own auditors. In determining whether there had been an assumption of responsibility, the the relevant factors would include . .
Cited – HM Customs and Excise v Barclays Bank Plc HL 21-Jun-2006
The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. . .
Appeal from – The Morgan Crucible Company Plc v Hill Samuel and Co Ltd and others CA 19-Oct-1990
Appeal from refusal of leave to amend statement of claim. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Negligence

Updated: 21 July 2022; Ref: scu.185216

Anderson (W B ) and Sons Ltd v Rhodes (Liverpool) Ltd: 1967

The plaintiff and defendants traded in fruit and vegetables. The defendant began to accept credit orders from a third party, but he was tardy in payment. The plaintiffs asked as to the third party, and repeesentations were made that the company was ‘alright’ and the plaintiffs themselves granted credit. The third party became insolvent, and the plaintiff cought damages for the misleading reference.
Held: A duty of care existed to the plaintiffs and damages were recoverable from the company defendant. The need for care in answering the enquiry was clear. The defendant company was vicariously liable for the neglient answers given by its employees. The 1828 Act did not operate as a defence to a claim in negligence.

Citations:

[1967] 2 All ER 850

Statutes:

Statute of Frauds Amendment Act 1828 6

Jurisdiction:

England and Wales

Cited by:

Cited – Mutual Life And Citizens’ Assurance Co Ltd And Another v Evatt PC 16-Nov-1971
The plaintiff had been an investor with the defendant. He asked them about an associated company. He was given advice which was incorrect. He claimed damages for negligence.
Held: The company was not itself in the business of giving such . .
Lists of cited by and citing cases may be incomplete.

Negligence

Updated: 21 July 2022; Ref: scu.180549

Banque Bruxelles Lambert Sa v Eagle Star Ins Co Ltd and Others: QBD 7 Mar 1994

A negligent valuer was liable for the loss arising from an overvaluation, but the valuer was not liable for that proportion of the lender’s loss on the loan which was attributable to the fall in the market after the valuation date, even though (i) the lender would not have entered into the transaction but for the valuer’s negligence; (ii) in some of the cases the lender would not even have lent a lesser sum, either because a lesser loan would have fallen outside its lending guidelines or because it would have been of no interest to the borrower; and (iii) adverse market movements were foreseeable.
The lender: ‘deliberately assumed the risk that they might suffer loss as a result of a fall in the property market. They did not rely upon John D Wood’s valuation to protect them against that risk. In these circumstances John D Wood owed no duty to protect BBL from this type of loss.’
and: ‘Where a party is contemplating a commercial venture that involves a number of heads of risk and obtains professional advice in respect of one head of risk before embarking on the venture, I do not see why negligent advice in respect of that head of risk should, in effect, make the adviser the underwriter of the entire venture. More particularly, where the negligent advice relates to the existence or amount of some security against risk in the venture, I do not see why the adviser should be liable for all the consequences of the venture, whether or not the security in question would have protected against them.’

Judges:

Phillips J

Citations:

Ind Summary 04-Apr-1994, Times 07-Mar-1994, [1995] 2 All ER 769

Jurisdiction:

England and Wales

Cited by:

Appeal from – Banque Bruxelles Lambert Sa v Eagle Star Insurance Co Ltd and Others CA 24-Feb-1995
The plaintiffs were mortgagees. The defendants were valuers. The defendants negligently over-valued properties and the plaintiffs then accepted mortgages of the properties. Later the property market collapsed and the various borrowers defaulted and . .
At first instance – South Australia Asset Management Corporation v York Montague Ltd etc HL 24-Jun-1996
Limits of Damages for Negligent Valuations
Damages for negligent valuations are limited to the foreseeable consequences of advice, and do not include losses arising from a general fall in values. Valuation is seldom an exact science, and within a band of figures valuers may differ without . .
Cited – BPE Solicitors and Another v Hughes-Holland (In Substitution for Gabriel) SC 22-Mar-2017
The court was asked what damages are recoverable in a case where (i) but for the negligence of a professional adviser his client would not have embarked on some course of action, but (ii) part or all of the loss which he suffered by doing so arose . .
Lists of cited by and citing cases may be incomplete.

Negligence, Damages

Updated: 21 July 2022; Ref: scu.78173

Galoo Ltd and Others v Bright Grahame Murray: CA 21 Dec 1993

It is for the Court to decide whether the breach of duty was the cause of a loss or simply the occasion for it by the application of common sense. A breach of contract, to found recovery, must be shown to have been ‘an ‘effective’ or ‘dominant’ cause of [the] loss.’
The law distinguishes between a mere precondition or occasion for a loss and an act which gives rise to a liability to make it good by way of damages

Judges:

Lord Justice Glidewell, Evans LJ, Waite LJ

Citations:

Times 14-Jan-1994, [1994] 1 WLR 1360, [1995] 1 All ER 16, [1993] EWCA Civ 3

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Barings Plc and Another v Coopers and Lybrand and Others; etc ChD 23-Nov-2001
The applicant company employed a trader who, through manipulation of trading systems ran up losses sufficient to bankrupt the company. They sought recovery from the defendant auditors for failing to spot the mis-trading and prevent continuing . .
Cited – Johnson v Gore Wood and Co (A Firm) ChD 3-May-2002
The respondent firm acted on behalf of the claimant’s companies in land transactions. An option had been taken to purchase land, and he instructed the defendants to exercise it. The landowner claimed the notice to exercise the option was invalidly . .
Cited – Royal Bank of Scotland plc v Bannerman Johnstone Maclay (a Firm) and Others OHCS 23-Jul-2002
The defenders, a firm of chartered accountants, prepared accounts for a customer of the pursuer bank. The bank claimed damages for negligence having relied upon the accounts. The auditors relied upon the case of Galoo.
Held: It was not . .
Cited – Equitable Life Assurance Society v Ernst and Young (A Firm) ComC 10-Feb-2003
The company complained that its auditors had failed to give appropriate warning of the Society’s exposure to risk in awarding larger bonuses than were justified, and that had the true position been known, it xould have put itself up for sale . .
Cited – Equitable Life Assurance Society v Ernst and Young CA 25-Jul-2003
The claimant sought damages from its accountants, saying that had they been advised of the difficulties in their financial situation, they would have been able to avoid the loss of some 2.5 billion pounds, or to sell their assets at a time when . .
Cited – Loftus-Brigham and Another v London Borough of Ealing CA 28-Oct-2003
The claimants sought to recover for damages caused to their house foundations by trees growing nearby which were the responsibility of the defendants. The defendants replied that the damages was caused in part by roots from virgina creeper and . .
Cited – Six Continents Retail Ltd v Carford Catering Ltd, R Bristoll Ltd CA 5-Nov-2003
The claimant’s premises had been destroyed by fire. They sought damages from the designers for negligence. . .
Cited – Empress Car Company (Abertillery) Ltd v National Rivers Authority HL 22-Jan-1998
A diesel tank was in a yard which drained into a river. It was surrounded by a bund to contain spillage, but that protection was over ridden by an extension pipe from the tank to a drum outside the bund. Someone opened a tap on that pipe so that . .
Cited – Veitch and Another v Avery CA 12-Jul-2007
The claimants appealed the award of only nominal damages after they succeeded in their claim against their solicitors for negligence in their conduct of the defence of a mortgage possession action.
Held: The appeal failed. The judge was . .
Cited – Calvert v William Hill Credit Ltd ChD 12-Mar-2008
The claimant said that the defendant bookmakers had been negligent in allowing him to continue betting when they should have known that he was acting under an addiction. The defendant company had a policy for achieving responsible gambling, . .
Cited – Parker and Another v SJ Berwin and Co and Another QBD 17-Dec-2008
The claimants sought damages from their former solicitors. They set out to purchase a football club, expending substantial sums for the purpose, relying on the defendants’ promised provision of service in finding and arranging the funding. They said . .
Cited – IG Index Plc v Leung-Cheun and Others QBD 17-Aug-2011
The claimants sought payment from the defendants under spread bets placed by them. The defendants counterclaimed saying that they had suffered greater losses after the claimants had failed as required to close out open bets.
Held: The claim . .
Cited – Hughes, Regina v SC 31-Jul-2013
Uninsured Driver Not Guilty of Causing Death
The appellant though an uninsured driver, was driving without fault when another vehicle veered across the road. The other driver died from his injuries, and the appellant convicted of causing his death whilst uninsured. At trial he succeeded in . .
Cited – BPE Solicitors and Another v Hughes-Holland (In Substitution for Gabriel) SC 22-Mar-2017
The court was asked what damages are recoverable in a case where (i) but for the negligence of a professional adviser his client would not have embarked on some course of action, but (ii) part or all of the loss which he suffered by doing so arose . .
Lists of cited by and citing cases may be incomplete.

Negligence, Contract

Updated: 21 July 2022; Ref: scu.80741

Laserpoint Ltd v The Prime Minister of Malta and Others: QBD 20 Jul 2016

Appeal from the order declaring that a judgment in the Civil Court in Malta may be enforced in England and Wales against Laserpoint Limited the appellant.

Judges:

Patterson DBE J

Citations:

[2016] EWHC 1820 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Negligence, Litigation Practice

Updated: 21 July 2022; Ref: scu.567291

Morton v William Dixon Ltd: IHCS 19 Mar 1909

Lord President Dunedin set out the liability of an employer: ‘Where the negligence of the employer consists of what I may call a fault of omission, I think it is absolutely necessary that the proof of that fault of omission should be one of two kinds, either – to shew that the thing which he did not do was a thing which was commonly done by other persons in like circumstances, or – to shew that it was a thing which was so obviously wanted that it would be folly in anyone to neglect to provide it.’Caparo Industries

Judges:

Lord President Dunedin

Citations:

[1909] ScotCS CSIH – 5

Links:

Bailii

Jurisdiction:

Scotland

Cited by:

Cited – Kennedy v Cordia (Services) Llp SC 10-Feb-2016
The appellant care worker fell in snow when visiting the respondent’s client at home. At issue was the admission and status of expert or skilled evidence.
Held: Mrs Kennedy’s appeal succeeded. ‘There are in our view four considerations which . .
Lists of cited by and citing cases may be incomplete.

Negligence, Employment

Updated: 21 July 2022; Ref: scu.279292

Dominion Mosaics Limited v Trafalgar Trucking Co Limited: CA 1990

The claimant’s building was destroyed by fire as a result of the defendant’s negligence. It was impracticable to rebuild and so, to keep its business going the claimant bought a 36 year lease of another building with 20% more floor space. In the fire the claimant had lost some carpet-holding machines which it had bought, almost new, for a bargain pounds 13,500, but which would cost pounds 65,000 to replace. It did not replace the machines, but claimed pounds 65,000.
Held: It was entitled to succeed on both claims. Should the replacement cost be more than the market value, that cost is still recoverable if it is reasonable to replace. It is not relevant that the replacement cost should exceed the amount for which the purchaser acquired the goods.
Taylor LJ: As to the cost of the lease: ‘Although the ground area was somewhat greater at Waterden Road than their original premises, I consider that it falls within the sort of betterment for which no reduction should be made. It is not as case, as this court instanced in the Harbutt’s Plasticine case, of a rebuilding deliberately incorporating enlargement, improvement or added facilities.’
As to the machines, the CA increased the damages from pounds 13,500 to pounds 65,000: ‘Counsel’s arguments both before the judge and before us were based solely on the alternative awards of pounds 13,500 or pounds 65,000. No intermediate was canvassed. It was not suggested by the appellants, either in evidence or by submission, that there was any second-hand source of paternoster machines. The respondent’s evidence was that no such source existed to his knowledge. Where this is the case and the only way the owner of destroyed chattels can replace them is by buying new ones, the measure of damages is the cost of doing that, unless the result would be absurd . . Had it been argued that in fairness to the appellants some discount from the pounds 65,000 should have been allowed to reflect the depreciation of the machines in their few months of service, the point would have merited consideration. But no such submission was made nor was there any evidence on which to base an assessment of an appropriate discount. In these circumstances I consider that, of the two alternatives contended for, pounds 65,000 was the proper sum.’
Stocker LJ: ‘The cases cited seem to me clearly to point the distinction between a situation in which the proper and reasonable compensation for the plaintiff is diminution of the value of the building destroyed as damages on the one hand or reinstatement on the other, a distinction which, in most cases, will depend on whether or not the building destroyed is a profit-making asset. Since in almost any other case if the plaintiff recovers as damages the diminution in value he will have been restored to his original position, reinstatement, or its equivalent, is only appropriate where such is the only reasonable method of compensating a plaintiff for future loss of profits derived from the asset destroyed.’

Judges:

Taylor LJ, Stocker LJ

Citations:

[1990] 2 All ER 246

Jurisdiction:

England and Wales

Cited by:

Cited – Pegler Ltd v Wang (UK) Ltd TCC 25-Feb-2000
Standard Conract – Wide Exclusions, Apply 1977 Act
The claimant had acquired a computer system from the defendant, which had failed. It was admitted that the contract had been broken, and the court set out to decide the issue of damages.
Held: Even though Wang had been ready to amend one or . .
Cited – Robot Arenas Ltd and Another v Waterfield and Another QBD 8-Feb-2010
The tenant company had defaulted under the lease, and the landlord had retaken possession. The landlord discarded the tenant’s possessions, and the tenant now sued, saying that the landlords as involuntary bailees owed duties to the proper owner. . .
Lists of cited by and citing cases may be incomplete.

Damages, Negligence

Updated: 21 July 2022; Ref: scu.238591

Calvert v William Hill Credit Ltd: CA 4 Jul 2008

The claimant had begun an appeal against a failure of his claim in negligence against his bookmakers saying that they should not have allowed him to lay bets. The respondents then sought interim orders as to costs which were settled, and now sought the costs of seeking those interim orders.

Judges:

Rimer LJ

Citations:

[2008] EWCA Civ 888

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See also – Calvert v William Hill Credit Ltd ChD 12-Mar-2008
The claimant said that the defendant bookmakers had been negligent in allowing him to continue betting when they should have known that he was acting under an addiction. The defendant company had a policy for achieving responsible gambling, . .

Cited by:

See Also – Calvert v William Hill Credit Ltd CA 16-Dec-2008
The claimant sought damages saying that his bookmaker had continued to accept his bets after he had made it known that he was a compulsive gambler.
Held: The bookmaker was not liable for the gambler’s losses when he failed to uphold the . .
Lists of cited by and citing cases may be incomplete.

Negligence, Costs

Updated: 19 July 2022; Ref: scu.277854

Wright v Davidson: 7 Feb 1992

(British Columbia Court of Appeal) The court rejected a claim for damages for a suicide after the deceased claimant had suffered injury in a road collision because the conscious decision of the deceased to take her own life had occurred without any ‘disabling mental illness’ indicative of ‘an incapacity in her faculty of volition’; ‘she made a conscious decision, there being no evidence of disabling mental illness to lead to the conclusion that she had an incapacity in her faculty of volition.’

Citations:

(1992) 88 DLR (4th) 698, 1992 CanLII 1020 (BC BA), [1992] 3 WWR 611, (1992), 64 BCLR (2d) 113

Links:

Canlii

Jurisdiction:

Canada

Cited by:

Cited – Corr v IBC Vehicles Ltd CA 31-Mar-2006
The deceased had suffered a head injury whilst working for the defendant. In addition to severe physical consequences he suffered post-traumatic stress, became more and more depressed, and then committed suicide six years later. The claimant . .
Approved – Corr v IBC Vehicles Ltd HL 27-Feb-2008
The claimant’s husband had committed suicide. She sought damages for financial loss from his former employers under the 1976 Act. He had suffered a severe and debilitating injury working for them leading to his depression and suicide. The employers . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Negligence, Damages

Updated: 19 July 2022; Ref: scu.240046

Fosse Motor Engineers Ltd and others v Conde Nast and National Magazine Distributors Ltd and Another: TCC 20 Aug 2008

The claimant said that the defendant’s employees had negligently started a fire which burned down the claimant’s warehouse. There was limited evidence to establish the cause.
Held: The claim failed. The scientific evidence did not point to any particular conclusion, but on balance the judge considered that the fire was not caused by a burning cigarette discarded by an employee of the defendant, and ‘ Unlike Sherlock Holmes, in those cases in which there is an ‘either or’ pair of causes, I am drawn to the conclusion that, whilst the cause of the fire was not attributable to the Agency workers, it is not possible on the balance of probabilities to determine that the fire was caused by either of the two remaining feasible causes. The outcome or explanation is anything but ‘elementary’. However, I am in no doubt that Fosse has failed to prove its case on a balance of probabilities.’

Judges:

Akenhead J

Citations:

[2008] EWHC 2037 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Rhesa Shipping Co SA v Edmonds (The Popi M) HL 16-May-1985
The Popi M sank in calm seas and fair weather as a result of a large and sudden entry of water into her engine room through her shell plating. The vessel’s owners claimed against her hull and machinery underwriters, contending that the loss was . .
Cited – Ide v ATB Sales Ltd and Another CA 28-Apr-2008
Each appellant challenged how the judge had decided between alternative proofs of causation of the respective loss. In Ide, the claimant asserted a fault in a cycle handlebar, and in Lexus, the claimant asserted that it caught fire whilst . .
Cited – Datec Electronics Holdings Ltd and others v United Parcels Services Ltd HL 16-May-2007
The defendants had taken on the delivery of a quantity of the claimant’s computers. The equipment reached one depot, but then was lost or stolen. The parties disputed whether the Convention rules applied. UPS said that the claimant had agreed that . .
Cited – La Compania Martiartu v Royal Exchange Assurance Corporation CA 1923
The court found, on limited evidence, that the ship in respect of which her owners had claimed for a total loss of perils by sea, had in fact been scuttled with the connivance of those owners.
Scrutton LJ said: ‘This view renders it . .
Cited – Kiani v Land Rover Ltd Others CA 28-Jun-2006
Mr Kiani went to work at the Land Rover plant; his dead body was found in a tank in the area in which he worked. He had died of asphyxia. His personal representative sued on the basis that Mr. Kiani had accidentally fallen into the tank; Land Rover . .
Cited – Gravil v Carroll and Another CA 18-Jun-2008
The claimant was injured by an unlawful punch thrown by the first defendant when they played rugby. He sought damages also against the defendant’s club, and now appealed from a finding that they were not vicariously liable. The defendant player’s . .
Lists of cited by and citing cases may be incomplete.

Negligence

Updated: 19 July 2022; Ref: scu.272799

Quintas v National Smelting Co Ltd: CA 1961

Sellers LJ said: ‘It has often been held that there is a high responsibility on a defendant who fails to comply with his statutory duty, which is absolute and has penal sanctions. A workman is not to be judged so severely.’

Judges:

Sellers LJ

Citations:

[1961] 1 WLR 401

Jurisdiction:

England and Wales

Cited by:

Cited – Jackson v Murray and Another SC 18-Feb-2015
Child not entirely free of responsibility
The claimant child, left a school bus and stepped out from behind it into the path of the respondent’s car. She appealed against a finding of 70% contributory negligence.
Held: Her appeal succeeded (Majority, Lord Hodge and Lord Wilson . .
Lists of cited by and citing cases may be incomplete.

Negligence

Updated: 18 July 2022; Ref: scu.559417

Upton McGougan Ltd v Bellway Homes Ltd and Others: TCC 12 Jun 2009

The claimant engineers sought payment of their unpaid fees arising out of work done on behalf of the defendants in connection with the development of a site in Redhill. The fee claim had been compromised, but was subject to Bellway’s counterclaim arising out of the alleged negligence of UM in relation to the removal of spoil from the site.

Judges:

Coulson J

Citations:

[2009] EWHC 1449 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Negligence

Updated: 18 July 2022; Ref: scu.347461

Gray v Thames Trains Ltd and Another: QBD 6 Jul 2007

The claimant had been injured in an accident for which the defendants were responsible. He developed a personality disorder which led to him committing manslaughter and being detained under section 37. The defendants denied being liable beyond the accident saying that the damages claimed were too remote and citing ex turpi causa non oritur actio.

Judges:

Flaux J

Citations:

[2007] EWHC 1558 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Gray v Thames Trains Ltd and Another CA 25-Jun-2008
The claimant was a victim of the Ladbroke Grove rail crash. He later committed and was convicted of a manslaughter and detained under the 1983 Act. He said that the accident had caused a major personality change. The defendant relied on the defence . .
At first instance – Gray v Thames Trains and Others HL 17-Jun-2009
The claimant suffered psychiatric injury in a rail crash caused by the defendant’s negligence. Under this condition of Post-Traumatic Stress Disorder, the claimant had later gone on to kill another person, and he had been detained under section 41. . .
Lists of cited by and citing cases may be incomplete.

Negligence

Updated: 18 July 2022; Ref: scu.271253

Steel v Glasgow Iron and Steel Co Ltd: 1944

The question was whether the actions of the deceased had broken the chain of causation when he intervened in an attempt to save property. ‘This rule of the ‘reasonable and probable consequence’ is a key that opens several locks; for it not only fixes the nature and the measure of the duty to take care, but it may also aid in determining whether the causal nexus is complete and, perhaps, whether the damages claimed are too remote.’

Judges:

Lord Justice Clerk Cooper

Citations:

1944 SC 237

Jurisdiction:

Scotland

Citing:

Cited – Bourhill v Young’s Executor HL 5-Aug-1942
When considering claims for damages for shock, the court only recognised the action lying where the injury by shock was sustained ‘through the medium of the eye or the ear without direct contact.’ Wright L said: ‘No doubt, it has long ago been . .
Cited – Glasgow Corporation v Muir HL 16-Apr-1943
The House considered the proper test to define the standard of care that must be adopted by the reasonable man in a claim for negligence.
Held: Lord Clauson said that the test is whether the person owing the duty of care ‘had in contemplation . .

Cited by:

Cited – Simmons v British Steel plc HL 29-Apr-2004
The claimant was injured at work as a consequence of the defender’s negligence. His injuries became more severe, and he came to suffer a disabling depression.
Held: the Inner House had been wrong to characterise the Outer House decision as . .
Lists of cited by and citing cases may be incomplete.

Damages, Negligence

Updated: 17 July 2022; Ref: scu.196524

Dunster v Abbott: CA 1953

The court discussed the distinction between the liability of an occupier for the dangerous condition of his premises and the liability of an occupier in relation to dangerous activities carried out on his premises. Denning LJ said: ‘In this case . . it does not matter whether the plaintiff was an invitee or a licensee. That distinction is only material in regard to the static condition of the premises. It is concerned with dangers which have been present for some time in the physical structure of the premises. It has no relevance in regard to current operations, that is, to things being done on the premises, to dangers which are brought about by the contemporaneous activities of the occupier or his servants or of anyone else.’

Judges:

Denning LJ

Citations:

[1953] 2 All ER 1572 CA, [1954] 1 WLR 58

Jurisdiction:

England and Wales

Cited by:

Cited – British Railways Board v Herrington HL 16-Feb-1972
Land-owner’s Possible Duty to Trespassers
The plaintiff, a child had gone through a fence onto the railway line, and been badly injured. The Board knew of the broken fence, but argued that they owed no duty to a trespasser.
Held: Whilst a land-owner owes no general duty of care to a . .
Lists of cited by and citing cases may be incomplete.

Land, Negligence

Updated: 17 July 2022; Ref: scu.181219

Gates v Mckenna: QBD 14 Aug 1998

The plaintiff suffered schizophrenia after taking part in an on-stage hypnosis performance by the defendant.
Held: The claim failed: ‘it is highly improbable that the onset of the plaintiff’s schizophrenia had anything to do with his participation in the hypnotism show in which he took part. The only conceivable way in which there could be a causative link would be by classifying the experience as a life event and postulating that the stress which it generated was responsible for triggering the disease.’

Judges:

Toulson J

Citations:

[1998] EWHC 2006 (QB), (1999) 46 BMLR 9, [1998] Lloyd’s Rep Med 405

Links:

Bailii

Statutes:

Hypnotism Act 1952

Jurisdiction:

England and Wales

Citing:

Cited – Smith v Leech Brain and Co Ltd CA 1962
The reasoning in The Wagon Mound did not affect the rule that a tortfeasor takes his victim as he finds him.
Lord Parker CJ said: ‘The test is not whether these employers could reasonably have foreseen that a burn would cause cancer and that . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Negligence

Updated: 17 July 2022; Ref: scu.375089

Portsmouth Youth Activities Committee (A Charity) v Poppleton: CA 12 Jun 2008

The claimant was injured climbing without ropes (‘bouldering’) at defendant’s activity centre. The defendant appealed against a finding of 25% responsibility in having failed to warn climbers that the existence of thick foam would not remove all risk and might give a false sense of security.
Held: It was not sustainable to say that the risk of being injured despite the presence of the foam was not obvious: ‘no amount of matting will avoid absolutely the risk of possibly severe injury from an awkward fall and that the possibility of an awkward fall is an obvious and inherent risk of this kind of climbing.’ and ‘There being inherent and obvious risks in the activity which Mr Poppleton was voluntarily undertaking, the law did not in my view require the appellants to prevent him from undertaking it, nor to train him or supervise him while he did it, or see that others did so. If the law required training or supervision in this case, it would equally be required for a multitude of other commonplace leisure activities which nevertheless carry with them a degree of obvious inherent risk – as for instance bathing in the sea.’

Judges:

May LJ, Richards LJ, Sir Paul Kennedy

Citations:

[2008] EWCA Civ 646

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Fowles v Bedfordshire County Council CA 22-May-1995
The claimant had received some instruction as to the use of gymnastic mats, but the instruction from the defendants was inadequate and had not made him aware of the dangers. Subsequently, when the claimant used the mats with a friend on a subsequent . .
Cited – Perrett v Collins, Underwood PFA (Ulair) Limited (T/a Popular Flying Association) CA 22-May-1998
The plaintiff was a passenger in an aircraft which crashed, and there was a preliminary issue as to the liability to him of those who certified that the aircraft was fit to fly. The propeller was mismatched to the gearbox.
Held: A certifying . .
Cited – Michael Alexander Watson v British Boxing Board of Control Ltd, World Boxing Organisation Incorporated CA 19-Dec-2000
The claimant was seriously injured in a professional boxing match governed by rules established by the defendant’s rules. Ringside medical facilities were available, but did not provide immediate resuscitation. By the time he received resuscitation . .
Cited – Donoghue v Folkestone Properties Limited CA 27-Feb-2003
The claimant had decided to go for a midnight swim, but was injured diving and hitting a submerged bed. The landowner appealed a finding that it was 25% liable. The claimant asserted that the defendant knew that swimmers were common.
Held: The . .
Cited – Evans v Kosmar Villa Holidays Plc CA 23-Oct-2007
The claimant sought damages from the tour operator after he suffered a head injury resulting in incomplete tetraplegia after diving into a shallow swimming pool in the early hours of the morning in a resort in Greece while on a tour run by the . .

Cited by:

Cited – Geary v JD Wetherspoon Plc QBD 14-Jun-2011
The claimant, attempting to slide down the banisters at the defendants’ premises, fell 4 metres suffering severe injury. She claimed in negligence and occupiers’ liability. The local council had waived a requirement that the balustrade meet the . .
Cited – Cockbill v Riley QBD 22-Mar-2013
The claimant sufferd catastrophic injury diving into a paddling pool at a party held by the defendant for his daughter to celebrate completing her GCSEs.
Held: The claim failed. ‘It was reasonably foreseeable that someone would lose his . .
Lists of cited by and citing cases may be incomplete.

Negligence, Personal Injury

Updated: 15 July 2022; Ref: scu.268830

L and Another v Reading Borough Council and others: QBD 12 Oct 2006

The claimants were father and daughter who now sought damages from the defendant local authority and others after, as a result of false allegations of sex abuse. the family had been split. In particular they alleged fabrication of evidence by social workers and police.
Held: Allegations against individual social workers were struck out.

Judges:

Keith J

Citations:

[2006] EWHC 2449 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other, Negligence

Updated: 15 July 2022; Ref: scu.245954

NXS v London Borough of Camden: QBD 16 Jul 2009

The claimant sought damages from the defendant who had arranged for her to be taken into care as a child in that she suffered personal injury by being abused at a time when the defendant should have acted to take her into care.

Judges:

Swift J

Citations:

[2009] EWHC 1786 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Negligence, Personal Injury

Updated: 15 July 2022; Ref: scu.347820

Jennings v The Forestry Commission: CA 23 May 2008

The claimant was a self employed contractor. He suffered serious injuries when while working for the defendant, his vehicle overturned. The defendant appealed against the finding of liability. The Land Rover went out of control on a steeply sloping field on which he was driving in the course of carrying out fencing work for the Forestry Commission. He alleged that the Forestry Commission had assumed control over his work equipment (the Land Rover). The judge had said: ‘a householder who employs a contractor to do work on his home, and then sees the contractor using his equipment in a way which appears to be dangerous, is not in breach of Regulation 3 if he does not intervene.’
Held: The appeal failed. The Forestry Commission were plainly carrying on an ‘undertaking’ within the meaning of Regulation 3(4).

Judges:

May LJ, Richards LJ, Sir Paul Kennedy

Citations:

[2008] EWCA Civ 581, [2008] ICR 988

Links:

Bailii

Statutes:

Provision and Use of Work Equipment Regulations 1998, Management of Health and Safety at Work Regulations 1999 9

Jurisdiction:

England and Wales

Cited by:

Cited – Kmiecic v Isaacs QBD 12-Mar-2010
The claimant sought damages after suffering injury when falling from a ladder working on the uninsured builder’s site. He sued the owners of the property, saying that by refusing to allow or pay for the work to be conducted in safer ways, she had . .
Lists of cited by and citing cases may be incomplete.

Health and Safety, Personal Injury, Negligence

Updated: 15 July 2022; Ref: scu.268000

Corby Group v Corby Borough Council: CA 8 May 2008

The claimants sought damages alleging that land owned by the defendant was so contaminated as to have caused their children to be born with deformities. The authority appealed against refusal of the court to strike out the claim in response to their assertion that damages should not lie in an action for public nuisance.
Held: The council’s appeal failed. The Canary Wharf case did not establish the idea proposed, since the comments were obiter and that claim did not relate to public nuisance.

Judges:

Ward, Dyson, Smit LJJ

Citations:

[2008] EWCA Civ 463

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Hunter and Others v Canary Wharf Ltd HL 25-Apr-1997
The claimant, in a representative action complained that the works involved in the erection of the Canary Wharf tower constituted a nuisance in that the works created substantial clouds of dust and the building blocked her TV signals, so as to limit . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Negligence, Torts – Other

Updated: 14 July 2022; Ref: scu.267556

D v Intel Corporation (UK) Ltd: QBD 23 May 2006

The claimant sought damages for stress incurred at work. She had suffered post natal depression and received counselling through her work and recovered. She suffered a second bout of depression after the birth of another child, but again was thought to have recovered. A re-organisation left her answerable to three managers, and she complained of a lack of resources. She claimed for the subsequent depression, and relied on the knowledge in her employers of the earlier episodes.
Held: Though they were unconnected with her work, her employers should have known she would be more readily susceptible to further bouts. ‘[A]ssuming knowledge of the previous episodes of post natal depression, I do not accept that as a reasonable employer the defendant here should without more have taken into account that Mrs. D’s mental health was more at risk if she were placed under stress. ‘ The employer had given her an excessive workload and had not taken steps to ameliorate her position when it should have done so. It was liable.

Judges:

Goldring J

Citations:

[2006] EWHC 1097 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Garrett v Camden London Borough Council CA 16-Mar-2001
The court considered a claim for work related stress. The claimant asserted that he had been harassed, intimidated and systematically undermined: ‘Many, alas, suffer breakdowns and depressive illnesses and a significant proportion could doubtless . .
Cited – Hartman v South Essex Mental Health and Community Care NHS Trust etc CA 19-Jan-2005
The court considered the liability of employers for stress injury to several employees.
Held: Though the principles of awarding damages for stress related psychiatric injury are the same as those for physical injury, the issues have still . .
Cited – Sutherland v Hatton; Barber v Somerset County Council and similar CA 5-Feb-2002
Defendant employers appealed findings of liability for personal injuries consisting of an employee’s psychiatric illness caused by stress at work.
Held: Employers have a duty to take reasonable care for the safety of their employees. There are . .
Cited – Hone v Six Continents Retail Ltd CA 29-Jun-2005
The employer appealed a finding that it was liable in damages for negligence to the claimant, and employee who suffered psychiatric injury cause by stress at work. He said he had been left to work very excessive hours, between 89 and 92 hours a . .
Lists of cited by and citing cases may be incomplete.

Negligence, Personal Injury

Updated: 14 July 2022; Ref: scu.242311

Speight v Gaunt: HL 26 Nov 1883

A trustee is required to use the same degree of prudence and diligence as a person of ordinary prudence would have done if he had been conducting his own affairs.

Judges:

Lord Blackburn, Earl of Selborne LC

Citations:

(1883) 9 App Cas 1, [1883] UKHL 1, (1883-84) LR 9 App Cas 1

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Speight v Gaunt CA 20-Jan-1883
A trustee must act for the beneficiaries as a prudent person of business would act in his own affairs. Sir George Jessel MR said: ‘It seems to me that on general principles a trustee ought to conduct the business of the trust in the same manner that . .

Cited by:

Cited – Nestle v National Westminster Bank CA 6-May-1992
The claimant said that the defendant bank as trustee of her late father’s estate had been negligent in its investment of trust assets.
Held: The claimant had failed to establish either a breach of trust or any loss flowing from it, though . .
Cited – Richards v Wood CA 27-Feb-2014
The defendants had purchased their council house with financial asistance from their son, the claimant. He now asserted that a trust existed in the property in his favour.
Held: ‘unless there is a secure tenancy the statutory right to buy . .
Lists of cited by and citing cases may be incomplete.

Trusts, Negligence, Equity

Updated: 13 July 2022; Ref: scu.263825

Savage v South Essex Partnership NHS Foundation Trust and Another: CA 21 Dec 2007

The claimant said that the defendant hospital had been negligent in failing to prevent her daughter escaping from the mental hospital at which she was detained and committing suicide.
Held: The status of a detained mental patient was more akin to that of a prisoner than of a patient because of the control exercised and her particular vulnerability, and a detained mental patient should have no less rights than a prisoner. To succeed there had to be shown knowledge of a real and immediate risk to her life. The claim was arguable and was re-instated.

Judges:

Sir Anthony Clarke MR, Waller LJ, Sedley LJ

Citations:

[2007] EWCA Civ 1375, Times 09-Jan-2008, [2008] 1 WLR 1667, [2008] LS Law Medical 66, [2007] Inquest LR 278, (2008) 100 BMLR 98, [2008] UKHRR 330, [2008] HRLR 15, (2008) 11 CCL Rep 65

Links:

Bailii

Statutes:

Mental Health Act 1983 3, Human Rights Act 1998 6 7 8, European Convention on Human Rights 2

Jurisdiction:

England and Wales

Citing:

Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Appeal from – Savage v South Essex Partnership NHS Foundation Trust QBD 21-Dec-2006
The claimant’s daughter had died after walking out of a mental health ward and being knocked down. She sought damages alleging negligence and in infringement of her daughter’s right to life.
Held: Negligence amounting to a breach of the right . .

Cited by:

Cited – K v Central and North West London Mental Health NHS Trust and Another QBD 30-May-2008
The claimant appealed against an order striking out his claim in negligence. He had leaped from a window in a suicide attempt. The accommodation was provided by the defendant whilst caring for him under the 1983 Act.
Held: The case should be . .
Appeal from – Savage v South Essex Partnership NHS Foundation Trust (MIND intervening) HL 10-Dec-2008
The deceased had committed suicide on escaping from a mental hospital. The Trust appealed against a refusal to strike out the claim that that they had been negligent in having inadequate security.
Held: The Trust’s appeal failed. The fact that . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Negligence, Human Rights

Updated: 12 July 2022; Ref: scu.263410

Vicario v the Commissioner of Police for the Metropolis: CA 21 Dec 2007

The claimant said that the police in deciding not to prosecute the person she said had abused her as a child, had breached a duty of care to her. A prosecution would have allowed her to come to terms with her distress.
Held: The defendant’s appeal against a refusal of a strike out of the claim succeeded. Novel categories of negligence should be extended only incrementally, and it must also therefore be particularly difficult to establish a duty of care which was close to a situation in which a duty of care had already been found not to exist. Nor in this case had the claimant brought sufficient proof that a prosecution would have the effect she predicted.

Citations:

Times 04-Jan-2008, [2007] EWCA Civ 1361

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Hill v Chief Constable of West Yorkshire HL 28-Apr-1987
No General ty of Care Owed by Police
The mother of a victim of the Yorkshire Ripper claimed in negligence against the police alleging that they had failed to satisfy their duty to exercise all reasonable care and skill to apprehend the perpetrator of the murders and to protect members . .
Cited – Elguzouli-Daf v Commissioner of Police of the Metropolis and Another CA 16-Nov-1994
The Court upheld decisions striking out actions for negligence brought by claimants who had been arrested and held in custody during criminal investigations which were later discontinued. The Crown Prosecution Service owes no general duty of care to . .
Cited – Brooks v Commissioner of Police for the Metropolis and others HL 21-Apr-2005
The claimant was with Stephen Lawrence when they were both attacked and Mr Lawrence killed. He claimed damages for the negligent way the police had dealt with his case, and particularly said that they had failed to assess him as a victim of crime, . .
Lists of cited by and citing cases may be incomplete.

Negligence, Police

Updated: 12 July 2022; Ref: scu.263412

Baker v TE Hopkins and Son Ltd: CA 24 Jul 1959

The defendant had employed to clean a well. In error a petrol pump was sued, which discharged carbon monoxide into the well. On two workers getting into difficulties, a doctor sought to rescue them. All three died in the well. The employer denied negligence as regards the death of the Doctor.
Held: ‘ Bearing in mind that danger invites rescue, the court should not be astute to accept criticism of the rescuer’s conduct from the wrongdoer who created the danger. Moreover, I think it should be remembered that it is fatally easy to be wise after the event. It is not enough that, when all the evidence has been sifted and all the facts ascertained in the calm and deliberate atmosphere of a court of law, the rescuer’s conduct can be shown ex post facto to have been misguided or foolhardy. He is entitled to be judged in the light of the situation as it appeared to him at the time, i.e., in a context of immediate and pressing emergency. Here Dr. Baker was faced with a situation in which two men were in danger of speedy death at the bottom of the well, unless something were done very quickly. He was a doctor, and he had been specially summoned to help. Any man of courage in his position would have felt impelled to act, even at the risk of his own safety. Time was pressing; immediate action was necessary if the men in danger were to be helped; there was virtually no opportunity for reflection, or for estimating the risks involved in an act of rescue. If Dr. Baker in such circumstances had instinctively gone straight down the well, without stopping to take any precautions at all, it would, I think, have been difficult enough to criticise him. But in point of fact he did take the very wise precaution of securing himself with a rope, whereby those on the surface could pull him up if he himself were overcome. The immediate cause of his death was the sheer mischance of the rope becoming caught on some obstruction, so as to make it impossible for those on the surface to pull him to safety. I do not think that, having regard to the emergency in which he was acting, he is to be blamed for not foreseeing and guarding against the possibility of such a mischance. On the contrary, I entirely agree with the view expressed by the judge that the defendants, whose negligence brought about the danger, must accept the risk of mischances of this kind. In all the circumstances, I find it impossible to accept the contention that Dr. Baker was guilty of any negligence either causing or contributing to his death.’

Judges:

Morris, Ormerod, Willmer LJJ

Citations:

[1959] EWCA Civ 4, [1959] 1 WLR 966, [1959] 3 All ER 225

Links:

Bailii

Jurisdiction:

England and Wales

Health and Safety, Negligence, Personal Injury

Updated: 12 July 2022; Ref: scu.262820

Gough (an Infant) v Thorns: CA 1 Jul 1966

The plaintiff child was injured in a road traffic accident. She appealed from a finding that she had been contributorily negligent.
Held: The appeal succeeded.
Lord Denning MR said: ‘A very young child cannot be guilty of contributory negligence. An older child may be. But it depends on the circumstances. A judge should only find a child guilty of contributory negligence if he or she is of such an age as to be expected to take precautions for his or her own safety: and then he or she is only to be found guilty if blame should be attached to him or her. A child has not the road sense or the experience of his or her elders. He or she is not to be found guilty unless he or she is blameworthy.’

Judges:

Lord Denning MR, Danckwerts, Salmon LJJ

Citations:

[1966] EWCA Civ 5, [1966] 1 WLR 1387, [1966] 3 All ER 398

Links:

Bailii

Jurisdiction:

England and Wales

Negligence, Children

Updated: 12 July 2022; Ref: scu.262790

Watt v Hertfordshire County Council: CA 7 May 1954

The plaintiff fireman was injured assisting at an incident when using taking and unsecured jack to an incident.
Held: His appeal failed.
Denning LJ said: ‘It is well settled that in measuring due care one must balance the risk against the measures necessary to eliminate the risk. To that proposition there ought to be added this. One must balance the risk against the end to be achieved. If this accident had occurred in a commercial enterprise without any emergency there could be no doubt that the servant would succeed. But the commercial end to make profit is very different from the human end to save life or limb. The saving of life or limb justifies taking considerable risk, and I am glad to say there have never been wanting in this country men of courage ready to take those risks, notably in the Fire Service.
In this case the risk involved in sending out the lorry was not so great as to prohibit the attempt to save life. I quite agree that fire engines, ambulances and doctors’ cars should not shoot past the traffic lights when they show a red light. That is because the risk is too great to warrant the incurring of the danger. It is always a question of balancing the risk against the end.!

Judges:

Singleton, Denning, Morris LJJ

Citations:

[1954] EWCA Civ 6, [1954] 2 All ER 368, [1954] 1 WLR 835

Links:

Bailii

Jurisdiction:

England and Wales

Negligence

Updated: 12 July 2022; Ref: scu.262846

Spartan Steel and Alloys Ltd v Martin and Co (Contractors) Ltd.: CA 22 Jun 1972

Damage was negligently inflicted by the defendants on the power line which they knew to be the direct electricity supply to the plaintiff’s factory.
Held: Damages were recovered for depreciation in value of one spoiled melt, plus consequential loss of profit on that melt. However, the plaintiff could not claim damages in tort ‘based on lost sale contracts yet to be made at an unknown date in the future because such contracts and alleged losses are not immediately consequential on the physical damage of the tort’. It was a parasitic claim.

Judges:

Lord Denning MR, Edmund-Davies J, Lawton LJ

Citations:

[1972] EWCA Civ 3, [1972] 3 WLR 502, [1973] QB 27, [1972] 3 All ER 557

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – D Pride and Partners (A Firm) and Others v Institute for Animal Health and Others QBD 31-Mar-2009
The claimants sought damages after the loss of business when the defendants’ premises were the source of an outbreak of foot and mouth disease. The organism had escaped from their premises via a broken drain.
Held: Much of the damage claimed . .
Lists of cited by and citing cases may be incomplete.

Negligence

Updated: 12 July 2022; Ref: scu.262752

Southport Corporation v Esso Petroleum Co Ltd: CA 3 Jun 1954

The defendant’s tanker came aground, spilling fuel, for which the corporation claimed damages. The corporation appealed against rejection of that claim.
Held: In order to support an action for private nuisance the defendant must have used his own land or some other land in such a way as injuriously to affect the enjoyment of the plaintiff’s land. It was not an essential element in liability for a nuisance that it should emanate from land belonging to the defendant, although commonly it does.

Judges:

Denning, Morris LJJ

Citations:

[1954] EWCA Civ 5, (1954) 118 JP 411, [1954] 2 QB 182, [1954] 2 All ER 561, [1954] 3 WLR 200, [1954] 1 Lloyd’s Rep 446

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Southport Corporation v Esso Petroleum Co Ltd QBD 1953
An oil tanker ran aground in an estuary. The master jettisoned 400 tons of oil cargo to prevent the tanker breaking her back. The tide carried the oil slick on to a foreshore causing damage. The foreshore owners sued the shipowners in trespass, . .
Cited – Reynolds v Clerk 16-Jun-1725
If a man has a right to the use of a yard in common with the owner, he does not commit in trespass by entering into the yard in order to fix a water-spout to his house; but if any injury is done to the owner of the yard, in consequence of fixing . .
Cited – Prior of Southwards 1498
The prior complained because the defendant, who was a glover, had made a lime pit for calf-skins so close to a stream as to pollute it.
Held: If the glover had dug the lime pit in the prior’s soil, the action ought to be in trespass: but if it . .

Cited by:

Appeal from – Esso Petroleum Co Ltd v Southport Corporation HL 1955
A tanker, the Inverpool, was grounded in difficult weather by its master when he feared its back was broken. Substantial volumes of oil leaked, and the local authority sought to recover the costs of the clean up. At first instance, the defence of . .
Lists of cited by and citing cases may be incomplete.

Nuisance, Negligence, Torts – Other

Updated: 12 July 2022; Ref: scu.262847

Poole and others v HM Treasury: CA 24 Oct 2007

The claimants had suffered losses as names in the crash of the Lloyd’s Insurance market. They now sought damages saying that the defendant as regulator of the market, had failed to protect them.

Citations:

[2007] EWCA Civ 1021

Links:

Bailii

Jurisdiction:

England and Wales

Administrative, Insurance, Negligence

Updated: 12 July 2022; Ref: scu.260037

LMS International Ltd and others v Styrene Packaging and Insulation Ltd and others: TCC 30 Sep 2005

Citations:

[2005] EWHC 2113 (TCC)

Links:

Bailii

Citing:

Cited – Halsey v Milton Keynes General NHS Trust etc CA 11-May-2004
The court considered the effect on costs orders of a refusal to take part in alternate dispute resolution procedures. The defendant Trust had refused to take the dispute to a mediation. In neither case had the court ordered or recommended ADR.
Principal judgment – LMS International Ltd and others v Styrene Packaging and Insulation Ltd and others TCC 30-Sep-2005
The claimants sought damages after their premises were destroyed when a fire started in the defendants neighbouring premises which contained substantial volumes of styrofoam. They alleged this was an unnatural use of the land.
Held: To . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 11 July 2022; Ref: scu.258721

Morrison Sports Ltd and others v Scottish Power Plc and others: OHCS 18 Jul 2007

Judges:

Lord Wheatley

Citations:

[2007] ScotCS CSOH – 131, [2007] CSOH 131, 2007 SLT 1103, 2007 GWD 31-538

Links:

Bailii

Jurisdiction:

Scotland

Cited by:

At Outer House – Morrison Sports Ltd and Others v Scottish Power SCS 8-Dec-2009
(Inner House) . .
At Outer House – Morrison Sports Ltd and Others v Scottish Power SC 28-Jul-2010
A fire caused substantial damage to buildings. It arose from a ‘shim’ placed in a fuse box which then overheated. The parties disputed whose employee had inserted the shim. The Act under which the Regulations had been made was repealed and replaced . .
Lists of cited by and citing cases may be incomplete.

Negligence

Updated: 11 July 2022; Ref: scu.258175

Farley v Buckley: CA 3 May 2007

The claimant motorcyclist passed a stationary lorry turning right. The defendant’s car emerged slowly from in front of the lorry to turn right. The car and cycle collided.
Held: The claimant failed. The judge had considered the facts carefully. The cyclist was described as reckless, and the car driver very cautious. ‘That is not to say that in all such cases a driver who fails to nose-poke or emerges continuously at ‘about 5 – 8 miles per hour’ will avoid a finding of negligence. It is common ground in this case and bears emphasis that cases such as this are very fact-sensitive.’

Judges:

Pill LJ, Wall LJ, Maurice Kay LJ

Citations:

[2007] EWCA Civ 403

Links:

Bailii

Jurisdiction:

England and Wales

Road Traffic, Negligence

Updated: 10 July 2022; Ref: scu.251636

TNT Global Spa and Another v Denfleet International Ltd and Another: CA 2 May 2007

The driver of a lorry carrying the claimant’s goods was said to have fallen asleep at the wheel, and the cargo damaged in the accident. The carrier appealed a finding of liability for wilful misconduct.
Held: ‘I am unable to accept that mere knowledge on the part of a driver that he was sleepy and a decision to continue to drive would constitute wilful misconduct.’ and ‘The state of mind of the driver who is sleepy and continues to drive is likely to be that he believes he will beat the sleep and be safe. A professional lorry driver is in a different position from an ordinary driver particularly because limits are set by regulations. He knows that the limits are set to avoid the risk of falling asleep, and if he deliberately ignores those limits he is guilty of wilful misconduct.’ The judge did not find the defendant to have driven in breach of regulations or to have had any other more specific indication that he was failing to control the tiredness. The appeal succeeded.

Judges:

Waller LJ VP, Tuckey LJ, Toulson LJ

Citations:

Times 11-May-2007, [2007] EWCA Civ 405

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Mentioned – Horobin 1952
Barry J sought to define wilful misconduct through negligence as: ‘he took a risk which he knew he ought not to take.’ . .
Cited – National Semiconductors (UK) Ltd v UPS Ltd 1996
Longmore J sought to define the term ‘wilful misconduct’ as established by the authorities: ‘If I summarise the principle in my own words, it would be to say that for wilful misconduct to be proved there must be either (1) an intention to do . .
Cited – Graham v Belfast and Northern Counties Railway Co 1901
The court had to construe the phrase ‘wilful misconduct’.
Held: ‘Wilful misconduct in such a special condition means misconduct to which the will is party as contradistinguished from accident, and is far beyond any negligence, even gross or . .
Cited – Forder v Great Western Railway Company 1905
The court construed the phrase ‘wilful misconduct’.
Held: The court adopted the definition given in Graham, Lord Alverstone CJ adding: ‘The addition which I would suggest is, ‘or acts with reckless carelessness, not caring what the results of . .
Cited – Datec Electronic Holdings Ltd and Another v United Parcels Service Ltd and Another ComC 22-Feb-2005
The claimant sought damages for the loss of goods in transit under the care of the defendant. Andrew Smith J held as regards the burden of proof in an allegation of wilful misconduct: ‘I should add that I was properly reminded by counsel that the . .
Cited – Laceys Footwear (Wholesale) Ltd v Bowler International Freight Ltd and Another CA 18-Apr-1997
The defendant’s driver had taken a consignment of shoes to Spain, where they were stolen. The plaintiff alleged his gross negligence amounted to ‘wilful misconduct’ so as to disapply an exemption clause.
Held: Whether a bailee’s acts . .
Cited – Jones v Mrtin Bencher Ltd 1986
A deliberate disregard by a driver of EEC Regulations which govern the length of time that it was permissible for him to drive without a break amounted to ‘wilful misconduct’ when he fell asleep at the wheel and the goods he was carrying were . .
Lists of cited by and citing cases may be incomplete.

Negligence, Road Traffic

Updated: 10 July 2022; Ref: scu.251615

Eyres v Atkinsons Kitchens and Bedrooms Ltd: CA 24 Apr 2007

The driver appealed dismissal of his claim for personal injuries against his employer. He had crashed, but said that he had been awake for 19 hours.
Held: Both employer and employee must have been aware of the risks. The most likely explanation was a micro-sleep lasting less than ten seconds. The appeal was allowed, but with a 33% contributory negligence.

Judges:

Ward LJ, Moore-Bick LJ, Sir Martin Nourse

Citations:

Times 21-May-2007, [2007] EWCA Civ 365

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Lucas (Ruth) CACD 1981
People sometimes tell lies for reasons other than a belief that they are necessary to conceal guilt.
Four conditions were identified which must be satisfied before a defendant’s lie could be seen as supporting the prosecution case:-
(1) . .
Cited – Regina v Middleton CACD 12-Apr-2000
Where a defendant was shown to have lied in the course of proceedings it need not always be necessary to give a Lucas direction. In some circumstances the jury could properly be expected not to follow a prohibited line of reasoning without such a . .
Lists of cited by and citing cases may be incomplete.

Negligence

Updated: 10 July 2022; Ref: scu.251449

Van Colle and Another v Chief Constable of the Hertfordshire Police: CA 24 Apr 2007

The deceased had acted as a witness in an intended prosecution. He had sought protection after being threatened. No effective protection was provided, and he was murdered. The chief constable appealed a finding of liability.
Held: The responsible officer had not been aware of the applicable protocol. The police ought to have been aware of the risk to the deceased. Had they acted, there was a possibility that the death would have been avoided.

Judges:

Sir Anthony Clarke MR, Sedley LJ, Lloyd LJ

Citations:

Times 10-May-2007, [2007] EWCA Civ 325, [2007] 3 All ER 122, [2007] 1 WLR 1821, [2007] PIQR Q7, [2007] 2 FCR 469, [2007] UKHRR 869, [2007] HRLR 25, [2007] Inquest LR 69, [2007] 2 Cr App R 32, (2007) 151 SJLB 576

Links:

Bailii

Statutes:

European Convention on Human Rights 2 8

Jurisdiction:

England and Wales

Citing:

Cited – Van Colle v Hertfordshire Police QBD 10-Mar-2006
The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in a criminal trial, and had asked the police for support having received threats. Other witnesses had also suffered intimidation including acts of . .
Cited – Hill v Chief Constable of West Yorkshire HL 28-Apr-1987
No General ty of Care Owed by Police
The mother of a victim of the Yorkshire Ripper claimed in negligence against the police alleging that they had failed to satisfy their duty to exercise all reasonable care and skill to apprehend the perpetrator of the murders and to protect members . .
Cited – McCann and Others v The United Kingdom ECHR 6-Oct-1995
Wrong assumptions made by police officers in the killing of terrorists amounted to a human rights breach, despite the existence of danger to the public of an imminent attack. Article 2(1) is ‘one of the most fundamental provisions in the . .
Cited – Brooks v Commissioner of Police for the Metropolis and others HL 21-Apr-2005
The claimant was with Stephen Lawrence when they were both attacked and Mr Lawrence killed. He claimed damages for the negligent way the police had dealt with his case, and particularly said that they had failed to assess him as a victim of crime, . .
Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Cited – Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department CA 18-Jun-2003
The applicant sought review of a decision to remove him from a witness protection scheme within the prison. He claimed that having been promised protection, he had a legitimate expectation of protection, having been told he would receive protection . .
Cited – Keenan v The United Kingdom ECHR 3-Apr-2001
A young prisoner was known to be at risk of suicide, but nevertheless was not provided with adequate specialist medical supervision. He was punished for an offence, by way of segregation which further put him at risk.
Held: Inhuman and . .
Cited – Regina (A and others) (Widgery Soldiers) v Lord Saville of Newdigate and Others CA 19-Dec-2001
The court would apply common sense in deciding whether soldier witnesses should be obliged to attend in person at an enquiry in Londonderry, where they claimed their lives would be at risk. It was not appropriate to seek to define what would be . .
Cited – DF v Chief Constable of Norfolk Police Secretary of State for Home Department Admn 15-Aug-2002
A prisoner serving a life sentence challenged the decision of the Prison Service to refuse to admit him to a witness protection unit and contended that the Norfolk Police had failed in their duty to provide appropriate information to the Prison . .
Cited – Greenfield, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Feb-2005
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the . .
Cited – Anufrijeva and Another v London Borough of Southwark CA 16-Oct-2003
The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the . .
Appeal from – Van Colle v Hertfordshire Police QBD 10-Mar-2006
The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in a criminal trial, and had asked the police for support having received threats. Other witnesses had also suffered intimidation including acts of . .

Cited by:

Appeal from – Hertfordshire Police v Van Colle; Smith v Chief Constable of Sussex Police HL 30-Jul-2008
Police Obligations to Witnesses is Limited
A prosecution witness was murdered by the accused shortly before his trial. The parents of the deceased alleged that the failure of the police to protect their son was a breach of article 2.
Held: The House was asked ‘If the police are alerted . .
See Also – Van Colle (T/A GVC Optometrists) v Revenue and Customs VDT 31-Aug-2007
VDT VAT – three-year ‘cap’ – late claims due partly to tragic family circumstances – whether any basis for time limit to be disapplied – no
VAT – interest – whether due on repayments – extent of trader’s . .
See Also – Van Colle and Van Colle v The United Kingdom ECHR 9-Feb-2010
Statement of Facts . .
See Also – Van Colle v The United Kingdom ECHR 13-Nov-2012
. .
Lists of cited by and citing cases may be incomplete.

Human Rights, Police, Negligence

Updated: 10 July 2022; Ref: scu.251450

Nesbitt v Citizens Advice Bureau and Holt: CA 26 Mar 2007

The claimant sought damages from the defendant saying that they had compromised his employment law damages claim on his behalf, but without his authority. He had unsuccessfully sought to set aside that settlement in the Employment Tribunal on the same basis and failed. The Citizens Advice Bureau sought to strike out his claim as an abuse on the grounds that it amounted to a collateral attack upon the Employment Tribunal’s conclusions.

Judges:

May, Longmore, Smith LJJ

Citations:

[2007] EWCA Civ 249, [2007] PNLR 24

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Michael Wilson and Partners Ltd v Sinclair and Others ComC 21-Sep-2012
The claimant company alleged that the defendants had variously received assests (shares and cash) acquired by a former partner in the claimant company and held on his behalf, in breach of his obligations to the caimant partnership. The defendants . .
Lists of cited by and citing cases may be incomplete.

Negligence, Litigation Practice

Updated: 10 July 2022; Ref: scu.250982

Baker and Another v J E Clark and Co (Transport) UK Ltd and Another: CA 22 Mar 2006

The claimant sought payment of insurance benefits which she said should have been paid to her husband before his death. The company and its directors sought reliance on an exemption clause in common form in the trust instrument absolving them from liability. The scheme had been terminated by the insurance company. The widow asserted negligence in not having made alternative arrangements or notified her husband.
Held: No sufficient duty had arisen toward the deceased. The assertion that the 1977 Act made the exemption clause invalid failed. The clause did not amount to a notice within the Act.

Judges:

The Hon Mr Justice Carnwath Lord Justice Tuckey Mr Justice Bennett

Citations:

[2006] EWCA Civ 464

Links:

Bailii

Statutes:

Unfair Contract Trems Act 1977

Jurisdiction:

England and Wales

Trusts, Contract, Negligence

Updated: 10 July 2022; Ref: scu.241383

Ehrari v Curry and Another: CA 21 Feb 2007

The claimant had stepped out from behind a vehicle and was struck by the defendant’s truck. The defendant appealed a finding of 30% negligence, saying he had only one second to avoid the impact. He did not see her, but his passenger did.
Held: The scene was busy as school closed. The judge was correct however to say that the driver might have avoided a collision if he had seen her by swerving.
Pill LJ said: ‘a driver exercising reasonable care cannot be expected to focus his attention in a number of different directions when driving in a busy high street’

Judges:

Pill LJ

Citations:

[2007] EWCA Civ 120

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Toropdar v D QBD 20-Mar-2009
The claimant car driver sought a declaration that he was not responsible for an accident. He had been driving along when the 10 year old boy ran out into his path suffering catastrophic brain injury.
Held: ‘on the assumption that Mr Toropdar . .
Cited – Jackson v Murray and Another SC 18-Feb-2015
Child not entirely free of responsibility
The claimant child, left a school bus and stepped out from behind it into the path of the respondent’s car. She appealed against a finding of 70% contributory negligence.
Held: Her appeal succeeded (Majority, Lord Hodge and Lord Wilson . .
Lists of cited by and citing cases may be incomplete.

Road Traffic, Negligence

Updated: 09 July 2022; Ref: scu.248928

Burnett v Grampian Fire and Rescue Service: SCS 9 Jan 2007

SCS At this debate on a preliminary plea the court was asked to decide if Grampian Fire and Rescue Service owed a duty of reasonable care to Mr Burnett when fighting a fire which caused to his property. Mr Burnett raised the action in 2002.
Held: Lord Macphail decided that if the circumstances of the fire were as Mr Burnett claimed them to be, Grampian Fire and Rescue Service would owe himdid have a duty of reasonable care at common law.

Judges:

Lord Macphail

Citations:

[2007] ScotCS CSOH – 03

Links:

Bailii, ScotC

Citing:

Applied – Duff v Highland and Islands Fire Board SCS 3-Nov-1995
(Scots) Firemen were not immune from suit for negligence as are police; no discretion. Lord Macfadyen observed obiter that he would have rejected a submission that the defenders did not owe to the owners of property affected by a fire which they . .
Not followed – Capital and Counties Plc and Another v Hampshire County Council; Etc CA 20-Mar-1997
Three cases were brought against fire services after what were said to be negligent responses to call outs. On one, the fire brigade was called to a fire at office premises in Hampshire. The fire triggered the operation of a heat-activated sprinkler . .

Cited by:

Cited – Michael and Others v The Chief Constable of South Wales Police and Another SC 28-Jan-2015
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
Lists of cited by and citing cases may be incomplete.

Scotland, Local Government, Negligence

Updated: 09 July 2022; Ref: scu.247657

Alexis v London Borough Of Newham: QBD 15 Jun 2009

The teacher claimant had been poisoned when a student got into an unsupervised classroom, and put whiteboard fluid into her drinking water.
Held: The authority should foresee the presence of mischievous pupils, and take reasonable steps to protect others from them. However, in this case it would have been impracticable to have stopped a teacher asking a pupil to pop down a corridor to collect something. The general policy of not allowing unsupervised access to classrooms was a sensible answer.

Judges:

Roger Ter Haar, QC

Citations:

[2009] EWHC 1323 (QB), Times 15-Jul-2009, [2009] ICR 1517

Links:

Bailii

Jurisdiction:

England and Wales

Negligence, Education

Updated: 08 July 2022; Ref: scu.347104

JP Morgan Chase Bank and others v Springwell Navigation Corporation: ComC 3 Nov 2006

Judges:

Aikens J

Citations:

[2006] EWHC 2755 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation ComC 14-Mar-2005
The defendants had invested money through the claimants, but had suffered severe losses. The claimants sought a declaration that they had no liability for such losses. The defendants counterclaimed that the claimants were liable in negligence, . .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation CA 20-Dec-2005
The defendants appealed against an order striking out four paragraphs of its defence and counterclaim. . .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation CA 2-Mar-2006
The parties disputed the attempt to strike out part of the defendant’s claim relating to shipping losses. . .

Cited by:

See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation Comc 27-May-2008
The company alleged negligence by its financial advisers.
Held: Gloster J said that the absence of a written advisory agreement is a strong pointer against the existence of a free-standing duty of care to give investment advice.
Gloster . .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation and others ComC 25-Jul-2008
. .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corp ComC 21-Nov-2008
. .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corp ComC 20-Feb-2009
The court heard an application for leave to appeal against orders. . .
See Also – Springwell Navigation Corporation v JP Morgan Chase Bank and Others CA 1-Nov-2010
The court was asked as to whether representations has been made.
Held: Aikens LJ referred to a provision stating ‘no representation or warranty, express or implied, is or will be made . . in or in relation to such documents or information’, . .
Lists of cited by and citing cases may be incomplete.

Banking, Negligence

Updated: 08 July 2022; Ref: scu.246733

EH Humphries (Norton) Ltd. Thistle Hotels Plc v Fire Alarm Fabrication Services Ltd: CA 10 Nov 2006

The sub-contractor’s workman fell through a skylight and died. His employers having settled, obtained contribution orders from the main contractors and building owners who each now appealed.
Held: Whether main contractors were also liable to an injured workman was a mixed question of fact and law. The main contractors were in this case not liable. As to the owners, they did not breach any duty of care to notify the deceased or his employers of any warning received by themselves. The judge in this case had made findings of fact which were not open to him, and the appeals succeeded.

Citations:

[2006] EWCA Civ 1496, Times 22-Nov-2006, [2007] ICR 247

Links:

Bailii

Statutes:

Fatal Accidents Act 1976

Jurisdiction:

England and Wales

Citing:

Cited – McArdle v Andmac Roofing Co and Others 1967
Non-employers can owe a duty of care analogous to those owed by an employer particularly where the non-employer is engaged in operations which may affect the sub-contractor or his employee . .
Cited – Bottomley v Todmorden Cricket Club CA 7-Nov-2003
The claimant was very badly injured at a bonfire organised by the defendants. He had been asked to help with a part of the display, organised by sub-contractors, which exploded as he was filling it.
Held: The nature of the activity to be . .
Cited – Makepeace v Evans Brothers (Reading) (A Firm) and Another CA 23-May-2000
Scaffolding is an ordinary piece of equipment on a building site. As a general rule an occupier of a building did not owe a duty of care for the safety of employees of its independent contractor. However, there may be occasions when such a duty of . .
Cited – Ferguson v Welsh HL 29-Oct-1987
The plaintiff sought damages for personal injury. A council had engaged a competent contractor to carry out demolition works. Unknown to the council, the contractor sub-contracted the works to two brothers who worked in a highly dangerous manner. . .
Cited – S v Gloucestershire County Council CA 2001
The court considered the structure of a claim in negligence: ‘A negligence claim is habitually analysed compartmentally by asking whether there was (a) a duty of care; (b) breach of that duty and (c) damage caused by the breach of duty. But damage . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Negligence

Updated: 08 July 2022; Ref: scu.246368

Seismic Shipping Inc and Another v Total E and P UK Plc “The Western Regent”: CA 29 Jul 2005

Judges:

Sir Martin Nourse Lord Justice Clarke Lord Justice Rix

Citations:

[2005] EWCA Civ 985, [2005] 2 Lloyd’s Rep 359

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Seismic Shipping Inc and Another v Total E and P UK plc, ‘The Western Regent’ AdCt 22-Mar-2005
Ships had collided. The ship at fault sought to limit its liability according to its tonnage under the Convention, and requested appropriate directions to calculate its liability.
Held: The court did have jurisdiction to apply the Convention . .

Cited by:

Cited – Harding v Wealands HL 5-Jul-2006
Claim in UK for Accident in Australia
The claimant had been a passenger in a car driven by his now partner. They had an accident in New South Wales. The car was insured in Australia. He sought leave to sue in England and Wales because Australian law would limit the damages.
Held: . .
Lists of cited by and citing cases may be incomplete.

Negligence, Jurisdiction

Updated: 06 July 2022; Ref: scu.229094

Lund v JL Tiedemanns Tobaksfabrik A.S: 31 Oct 2003

(Supreme Court of Norway) A request was made for a declaratory judgment finding that a tobacco manufacturer was liable for damages on a strict liability basis with respect to an injured party who after over 40 years of cigarette smoking developed lung cancer and died.
Held: ‘The parties have in their arguments before the Supreme Court concentrated to a large degree on what knowledge of the health risks of smoking the normal consumer had during the space of time from 1950 to 1975. The appellant has acknowledged that the knowledge of both the general public as well as that of [the deceased] Robert Lund of the risks in 1975 had been brought to such a level that continued smoking after that took place at his own risk.’ The judge commented on the evidence: ‘The parties are in agreement that the question of the relationship between smoking and damage to health is not related to what the individual injured party – Robert Lund in our case – knew or did not know.’ he referred to various reports, including one by the Norwegian General Director of Health in 1964, and concluded: ‘Despite the fact that extremely many cigarette smokers continued not to accept the consequences of the medical knowledge that the research had brought to light, I am of the opinion that the consumers had in any event received such information in 1964 concerning health damage that a normally intelligent person would include it in his assessment of how he wished to conduct his life. Such as I see it, there cannot be any doubt that Robert Lund’s smoking after this point in time took place at his own risk.’ The judge then considered the ten year period between 1954, when Robert Lund began smoking the particular brand of tobacco in question, to 1964: ‘My overall impression of the material that was submitted on the situation from the first half of the 1950s up to 1964 is that medical science at that time had still not secured reliable knowledge concerning a direct causal relationship between cigarette smoking and lung cancer and other serious injuries to health.’ However: ‘During this last 10-year period prior to the final conclusions being able to be drawn, the relationship between smoking and damage to health was not unknown to the average man or woman. However due to the lack of completely clear evidence it was to a greater degree than later left to the individual as to the extent to which one wished to believe what one read and heard now and then about the harmful effects of tobacco. And then as now, it was completely up to the individual as to whether one chose to take the chance. What is crucial for me is that it also must have been generally known at the time that cigarette smoking could involve a risk of serious health damage, and that the risk of such damage in any event to some extent would increase if the consumption of cigarettes was large. Such as I view the case, no more fine-meshed of an analysis is needed on this point.’

Judges:

Judge Flock

Citations:

HR – 2002 – 00753a

Jurisdiction:

England and Wales

Cited by:

Cited – McTear v Imperial Tobacco Ltd OHCS 31-May-2005
The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this.
Held: The action failed. The plaintiff had not . .
Lists of cited by and citing cases may be incomplete.

Negligence

Updated: 06 July 2022; Ref: scu.226702

Roberts and Another v Bettany and Another: CA 22 Jan 2001

Buxton LJ considered the nature of the argument as to novus actus interveniens: ‘Although the doctrine of novus actus and the defence of novus actus are sometimes talked of as and presented as simply a question of causation, which at first sight might appear to be an issue of fact, it is well recognized that the matter is more complex than that. The issue is one of law, whereby the court has to be satisfied that the acts of the third party were sufficient as a matter of law to exculpate the defendants from liability for the particular result, proximate or distant though it might have been, of his negligent act’.

Judges:

Buxton LJ, Laws LJ

Citations:

[2001] EWCA Civ 109, [2001] NPC 45

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Chubb Fire Ltd v The Vicar of Spalding and Churchwardens and Church Council of The Church of St Mary and St Nicholas, Spalding CA 20-Aug-2010
The appellants had supplied a dry powder extinguisher to the church. Vandals discharged the extinguisher, requiring substantial sums to be spent cleaning the dust. The church’s insurers sought to recover the costs saying that the appellant should . .
Lists of cited by and citing cases may be incomplete.

Negligence

Updated: 06 July 2022; Ref: scu.200765

Pierce v Doncaster Metropolitan Borough Council: QBD 13 Dec 2007

The claimant sought damages, saying that the local authority had failed to protect him when he was a child against abuse by his parents.
Held: The claimant had been known to the authority since he was a young child, and they owed him a duty of care. The authority had missed a statutory review. The defendant did owe a duty of care to the claimant. They had known of his difficulties since he had been young and were liable, and had failed in their duties to him.

Judges:

Eady J

Citations:

[2007] EWHC 2968 (QB), Times 27-Dec-2007, [2008] 1 FCR 122, (2008) 100 BMLR 76, [2008] 1 FLR 922, [2008] Fam Law 315

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Caparo Industries Plc v Dickman and others HL 8-Feb-1990
Limitation of Loss from Negligent Mis-statement
The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares.
Held: The . .
Cited – X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .
Cited – Z And Others v The United Kingdom ECHR 10-May-2001
Four children complained that, for years before they were taken into care by the local authority, its social services department was well aware that they were living in filthy conditions and suffering ‘appalling’ neglect in the home of their . .
Cited – Jain and Another v Trent Strategic Health Authority CA 22-Nov-2007
The claimant argued that the defendant owed him a duty of care as proprietor of a registered nursing home in cancelling the registration of the home under the 1984 Act. The authority appealed a finding that it owed such a duty.
Held: The . .
Cited – JD v East Berkshire Community Health NHS Trust and others HL 21-Apr-2005
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if . .
Cited – JD, MAK and RK, RK and Another v East Berkshire Community Health, Dewsbury Health Care NHS Trust and Kirklees Metropolitan Council, Oldham NHS Trust and Dr Blumenthal CA 31-Jul-2003
Damages were sought by parents for psychological harm against health authorities for the wrongful diagnosis of differing forms of child abuse. They appealed dismissal of their awards on the grounds that it was not ‘fair just and reasonable’ to . .
Cited – Bolitho v City and Hackney Health Authority HL 24-Jul-1997
The plaintiff suffered catastrophic brain damage as a result of cardiac arrest induced by respiratory failure as a child whilst at the defendant hospital. A doctor was summoned but failed to attend, and the child suffered cardiac arrest and brain . .
Cited – Dobbie v Medway Health Authority CA 11-May-1994
The plaintiff had a lump on her breast. The surgeon, without first subjecting the lump to a microscopic examination in order to determine whether it was cancerous or benign, removed the breast. This was in 1973. The lump was subsequently found to be . .
Cited – Simmons v British Steel plc HL 29-Apr-2004
The claimant was injured at work as a consequence of the defender’s negligence. His injuries became more severe, and he came to suffer a disabling depression.
Held: the Inner House had been wrong to characterise the Outer House decision as . .
Cited – KR and others v Bryn Alyn Community (Holdings) Ltd and Another CA 12-Feb-2003
The respondent appealed decisions by the court to allow claims for personal injury out of time. The claims involved cases of sexual abuse inflicted by its employees going back over many years.
Held: The judge had misapplied the test laid down . .
Cited – Barrett v London Borough of Enfield HL 17-Jun-1999
The claimant had spent his childhood in foster care, and now claimed damages against a local authority for decisions made and not made during that period. The judge’s decision to strike out the claim had been upheld by the Court of Appeal.
Cited – Hallam-Eames and Others v Merrett Syndicates Ltd and Others CA 25-Jan-1995
Members of Lloyd’s who faced re-insurance underwriting liabilities alleged negligence on the part of the active underwriter, their members’ agents and their syndicates’ managing agents. Limitation defences were raised.
Held: Mere knowledge of . .
Lists of cited by and citing cases may be incomplete.

Local Government, Negligence

Updated: 06 July 2022; Ref: scu.262119

Lawrence v Pembrokeshire County Council: QBD 11 May 2006

The defendants sought to have struck out the claim in negligence. The claim complained of breach of the claimant’s human rights by the defendant’s social worker in dealing with the claimant and her children

Judges:

Field J

Citations:

[2006] EWHC 1029 (QB)

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Negligence, Human Rights

Updated: 06 July 2022; Ref: scu.241661

Southern Railway of Peru Ltd v Owen: HL 21 Jun 1956

When drawing up accounts where the company faces contingent laibilities and provision has to be made, the principles upon which such provisions are made does not depend upon (Lord Radcliffe) ‘any exact analysis of the legal form of the relevant obligation’ but upon estimates of what in practice is likely to happen.
The House noted the difference between what is required by way of accounting standards in a financial statement so that a full picture may be presented on the financial position of the company and what is profit for the purpose of profits taxes. Lord Radcliffe said: ‘All this is very important, because, of course, accountants are very specially concerned with the problems that attend the true ascertainment of a year’s profit and the establishment of techniques that assist in this. But, for all that, there is nothing in the case that seems to me to fix on the point that is really the heart of this appeal. The requirements that an auditor may make before signing a balance sheet (I assume that the words used in the case are meant to cover the statutory reference to the profit and loss account) do, no doubt, cover his opinion that that account gives a ‘true and fair view’ of the profit for the financial year, but I do not think that such requirements are necessarily the same thing as the auditor’s opinion that some particular provision could not be omitted without compromising the true and fair view. It is not possible completely to equate the balance shown by a company’s profit and loss account with the balance of profit arising from the trade for the year.’

Judges:

Lord Radcliffe

Citations:

[1956] UKHL 4, [1957] AC 334, 37 Tax Cas 602, [1956] 2 All ER 728

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Law Society v Sephton and Co (a Firm) and Others HL 10-May-2006
A firm of solicitors had a member involved in a substantial fraud. The defendant firm of accountants certified the firm’s accounts. There were later many calls upon the compensation fund operated by the claimants, who sought recovery in turn from . .
Lists of cited by and citing cases may be incomplete.

Negligence, Income Tax

Updated: 06 July 2022; Ref: scu.241656

Brown v Ministry of Defence: CA 10 May 2006

Claim for injury suffered whilst training in Army. The claimant was committed to a career in the Army, and had anticipated promotion. She complained that her loss of pension rights had been calculated at a rate to reflect an average length career.
Held: The judges had failed to apply the correct principles as to loss of pension rights, and the court would itself calculate the sum afresh on the basis that she would have served a full career.

Judges:

Lord Justice Chadwick Lord Justice Moore-Bick Mr Justice Lawrence Collins

Citations:

[2006] EWCA Civ 546

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Herring v Ministry of Defence CA 10-Apr-2003
The claimant had suffered serious injury in a parachuting accident which deprived him of the opportunity of pursuing his chosen career in the police force. The judge found ‘to the extent of virtual certainty’ that he would have applied to join the . .
Cited – Langford v Hebran and Another CA 15-Mar-2001
The claimant sought damages for the loss of his chances of pursuing his career as a kick-boxer. The judge considered four different courses of varying success which his career might have taken. He accepted that, whether or not those scenarios had . .
Cited – Doyle (By Her Mother and Next Friend) v Wallace CA 18-Jun-1998
A court awarding personal injury damages could make allowance for a prospective increase in salary which a claimant might have achieved upon completion of qualifications. In this case an increase was allowed at half up from an administrative pay . .
Cited – Mallett v McMonagle HL 1970
The House discussed the role of the court in assessing future losses. Lord Diplock: ‘The role of the court in making an assessment of damages which depends upon its view as to what will be and what would have been is to be contrasted with its . .
Cited – Davies v Taylor HL 1974
The plaintiff’s husband was killed in a road accident caused by the defendant’s negligence. They were childless. She had deserted him five weeks before his death and thereafter, he learned about her adultery with a fellow employee. He tried to . .
Cited – Gregg v Scott HL 27-Jan-2005
The patient saw his doctor and complained about a lump under his arm. The doctor failed to diagnose cancer. It was nine months before treatment was begun. The claimant sought damages for the reduction in his prospects of disease-free survival for . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Negligence

Updated: 06 July 2022; Ref: scu.241603

Gray v Fire Alarm Fabrication Services Ltd and others: QBD 3 Mar 2006

The deceased, a maintenance engineer died after falling through a skylight at work. The court considered the respective liabilities of his employer and the landowner.

Citations:

[2006] EWHC 849 (QB)

Links:

Bailii

Statutes:

Fatal Accidents Act 1976

Jurisdiction:

England and Wales

Citing:

Cited – Clay v AJ Crump and Sons Ltd CA 1964
An architect, a demolition contractor and a building contractor were each held liable to an employee of building contractors for the collapse of a wall which, with the architect’s approval, demolition contractors had left standing.
Held: As . .
Cited – Mccook v Lobo and others CA 19-Nov-2002
The defendant was the occupier of premises. He did not direct how the work should be done and was not present at the time the work was being performed.
Held: He had not been in control of the relevant work. Judge LJ referred to Regulation 4(2) . .
Cited – Ferguson v Welsh HL 29-Oct-1987
The plaintiff sought damages for personal injury. A council had engaged a competent contractor to carry out demolition works. Unknown to the council, the contractor sub-contracted the works to two brothers who worked in a highly dangerous manner. . .
Cited – McArdle v Andmac Roofing Co 1967
. .
Cited – Smith v UMB Chrysler (Scotland) Ltd HL 9-Nov-1977
The principles set out in Canada Steamship apply to ‘clauses which purport to exempt one party to a contract from liability’. The principles should be applied without ‘mechanistic construction’.
Lord Keith of Kinkel said: The tests were . .
Cited – Mccook v Lobo and others CA 19-Nov-2002
The defendant was the occupier of premises. He did not direct how the work should be done and was not present at the time the work was being performed.
Held: He had not been in control of the relevant work. Judge LJ referred to Regulation 4(2) . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Negligence

Updated: 05 July 2022; Ref: scu.240441

McKew v Holland and Hannan and Cubitts: HL 26 Nov 1969

The appellant had been injured in the course of his employment for which the respondents were liable. Sometimes his left leg would gave way beneath him. He was descending a steep staircase without a handrail when the leg collapsed and he tried to jump down the stairs so that he would land in a standing position rather than falling over down the stairs. He suffered a severe fracture of his ankle.
Held: Lord Reid: ‘In my view the law is clear. If a man is injured in such a way that his leg may give way at any moment he must act reasonably and carefully. It is quite possible that in spite of all reasonable care his leg may give way in circumstances such that as a result he sustains further injury. Then that second injury was caused by his disability which in turn was caused by the defender’s fault. But if the injured man acts unreasonably he cannot hold the defender liable for injury caused by his own unreasonable conduct. His unreasonable conduct is novus actus interveniens. The chain of causation has been broken and what follows must be regarded as caused by his own conduct and not by the defender’s fault or the disability caused by it. Or one may say that unreasonable conduct of the pursuer and what follows from it is not the natural and probable result of the original fault of the defender or of the ensuing disability. I do not think that foreseeability comes into this. A defender is not liable for a consequence of a kind which is not foreseeable. But it does not follow that he is liable for every consequence which a reasonable man could foresee. What can be foreseen depends almost entirely on the facts of the case, and it is often easy to foresee unreasonable conduct or some other nouvs actus interveniens as being quite likely. But that does not mean that the defender must pay for damage caused by the nouvs actus. It only leads to trouble that if one tries to graft on to the concept of foreseeability some rule of law to the effect that a wrongdoer is not bound to foresee something which in fact he could readily foresee as quite likely to happen. For it is not at all unlikely or unforeseeable that an active man who has suffered such a disability will take some quite unreasonable risk. But if he does he cannot hold the defender liable for the consequences.
So in my view the question here is whether the second accident was caused by the appellant doing something unreasonable.’

Judges:

Lord Reid

Citations:

[1969] UKHL 9, [1969] 3 All ER 1621, [1969] UKHL 12

Links:

Bailii, Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Corr v IBC Vehicles Ltd CA 31-Mar-2006
The deceased had suffered a head injury whilst working for the defendant. In addition to severe physical consequences he suffered post-traumatic stress, became more and more depressed, and then committed suicide six years later. The claimant . .
Cited – Spencer v Wincanton Holdings Ltd (Wincanton Logistics Ltd) CA 21-Dec-2009
The claimant suffered injury for which he sought compensation from his employers. He later had to have his leg amputated as a consequence, but then through his own inadvertence suffered further injury to his other leg and a complete loss of . .
Cited – Spencer v Wincanton Holdings Ltd (Wincanton Logistics Ltd) CA 21-Dec-2009
The claimant suffered injury for which he sought compensation from his employers. He later had to have his leg amputated as a consequence, but then through his own inadvertence suffered further injury to his other leg and a complete loss of . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Negligence

Updated: 05 July 2022; Ref: scu.240041

Van Colle v Hertfordshire Police: QBD 10 Mar 2006

The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in a criminal trial, and had asked the police for support having received threats. Other witnesses had also suffered intimidation including acts of arson to cars and premises. The police officer had been disciplined for failing to respond properly.
Held: ‘There is no conflict . . between the common law and human rights jurisprudence in this area.’ The family had established a sufficiently close connection between the deceased and the defendant. ‘Members of the public who are complainants or prosecution witnesses in a criminal investigation and who are required to give material evidence at trial are in a special situation, as the existence of the Defendant’s witness protection policy recognises. Quite apart from a judge’s general powers to issue a warrant for the arrest of a witness who fails to attend court pursuant to a witness order, to remand him or her in custody and to punish such a witness for contempt, Parliament has recognised the need for witnesses to be protected from defendants in criminal proceedings.’

Judges:

Cox J

Citations:

[2006] EWHC 360 (QB), Times 28-Mar-2006, [2006] 3 All ER 963, [2006] 1 FCR 755, [2006] Inquest LR 68, [2006] HRLR 25, [2006] Po LR 47

Links:

Bailii

Statutes:

Human Rights Act 1998 7(1), European Convention on Human Rights 2 8

Jurisdiction:

England and Wales

Citing:

Cited – Hill v Chief Constable of West Yorkshire HL 28-Apr-1987
No General ty of Care Owed by Police
The mother of a victim of the Yorkshire Ripper claimed in negligence against the police alleging that they had failed to satisfy their duty to exercise all reasonable care and skill to apprehend the perpetrator of the murders and to protect members . .
Cited – McCann and Others v The United Kingdom ECHR 6-Oct-1995
Wrong assumptions made by police officers in the killing of terrorists amounted to a human rights breach, despite the existence of danger to the public of an imminent attack. Article 2(1) is ‘one of the most fundamental provisions in the . .
Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Cited – Keenan v The United Kingdom ECHR 3-Apr-2001
A young prisoner was known to be at risk of suicide, but nevertheless was not provided with adequate specialist medical supervision. He was punished for an offence, by way of segregation which further put him at risk.
Held: Inhuman and . .
Cited – Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department CA 18-Jun-2003
The applicant sought review of a decision to remove him from a witness protection scheme within the prison. He claimed that having been promised protection, he had a legitimate expectation of protection, having been told he would receive protection . .
Cited – Regina (A and others) (Widgery Soldiers) v Lord Saville of Newdigate and Others CA 19-Dec-2001
The court would apply common sense in deciding whether soldier witnesses should be obliged to attend in person at an enquiry in Londonderry, where they claimed their lives would be at risk. It was not appropriate to seek to define what would be . .
Cited – Regina v Governor of Pentonville Prison, Ex parte Fernandez: Fernandez v Government of Singapore HL 1971
Test for police protection need
The court considered the degree of risk to an individual which should give rise to a duty on the police to protect him under article 2.
Held: Lord Diplock said: ‘My Lords, bearing in mind the relative gravity of the consequences of the court’s . .
Cited – Brooks v Commissioner of Police for the Metropolis and others HL 21-Apr-2005
The claimant was with Stephen Lawrence when they were both attacked and Mr Lawrence killed. He claimed damages for the negligent way the police had dealt with his case, and particularly said that they had failed to assess him as a victim of crime, . .
Cited – In re McKerr (Northern Ireland) HL 11-Mar-2004
The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under . .
Cited – Rondel v Worsley HL 1967
Need for Advocate’s Immunity from Negligence
The appellant had obtained the services of the respondent barrister to defend him on a dock brief, and alleged that the respondent had been negligent in the conduct of his defence.
Held: The House considered the immunity from suit of . .
Cited – Regina v Secretary of State for the Home Department ex parte Anufrijeva HL 26-Jun-2003
The appellant challenged the withdrawal of her benefits payments. She had applied for asylum, and been granted reduced rate income support. A decision was made refusing her claim, but that decision was, by policy, not communicated to her for several . .
Cited – DF v Chief Constable of Norfolk Police Secretary of State for Home Department Admn 15-Aug-2002
A prisoner serving a life sentence challenged the decision of the Prison Service to refuse to admit him to a witness protection unit and contended that the Norfolk Police had failed in their duty to provide appropriate information to the Prison . .
Cited – Rondel v Worsley HL 1967
Need for Advocate’s Immunity from Negligence
The appellant had obtained the services of the respondent barrister to defend him on a dock brief, and alleged that the respondent had been negligent in the conduct of his defence.
Held: The House considered the immunity from suit of . .
Cited – Glaser v The United Kingdom ECHR 19-Sep-2000
‘The essential object of Article 8 is to protect individuals against arbitrary interference by public authorities. There may however be positive obligations inherent in an effective ‘respect’ for family life. These obligations may involve the . .
Cited – Swinney and Another v Chief Constable of Northumbria CA 22-Mar-1996
The plaintiff, a woman and her husband, had passed on information in confidence to the police about the identity of a person implicated in the killing of a police officer, expressing her concern that she did not want the source of the information to . .
Cited – Greenfield, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Feb-2005
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the . .
Cited – E and Others v The United Kingdom ECHR 26-Nov-2002
The four applicants had been abused by their stepfather, and sought investigation of the local authority for failing to protect them. They had been compensated by the Criminal Injuries Compensation Authority in part, but now sought a remedy from the . .
mentioned – Akkoc v Turkey ECHR 10-Oct-2000
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (estoppel); No violation of Art. 10; Violation of Art. 2 due to failure to protect life; Violation of Art. 2 due to inadequacy of . .
Cited – Edwards v The United Kingdom ECHR 14-Mar-2002
The deceased, a young man of mixed race, had been placed in a cell with another prisoner who was known to be violent, racist, and mentally unstable. The staff knew that the panic button was defective. The deceased was murdered by his cell-mate. His . .
Cited – Semse Onen v Turkey ECHR 14-May-2002
Hudoc Judgment (Merits and just satisfaction) Preliminary objection joined to merits and rejected (non-exhaustion); No violation of Art. 2 in respect of killing of applicant . .

Cited by:

Cited – Van Colle and Another v Chief Constable of the Hertfordshire Police CA 24-Apr-2007
The deceased had acted as a witness in an intended prosecution. He had sought protection after being threatened. No effective protection was provided, and he was murdered. The chief constable appealed a finding of liability.
Held: The . .
Appeal from – Van Colle and Another v Chief Constable of the Hertfordshire Police CA 24-Apr-2007
The deceased had acted as a witness in an intended prosecution. He had sought protection after being threatened. No effective protection was provided, and he was murdered. The chief constable appealed a finding of liability.
Held: The . .
At First Instance – Hertfordshire Police v Van Colle; Smith v Chief Constable of Sussex Police HL 30-Jul-2008
Police Obligations to Witnesses is Limited
A prosecution witness was murdered by the accused shortly before his trial. The parents of the deceased alleged that the failure of the police to protect their son was a breach of article 2.
Held: The House was asked ‘If the police are alerted . .
See Also – Van Colle (T/A GVC Optometrists) v Revenue and Customs VDT 31-Aug-2007
VDT VAT – three-year ‘cap’ – late claims due partly to tragic family circumstances – whether any basis for time limit to be disapplied – no
VAT – interest – whether due on repayments – extent of trader’s . .
See Also – Van Colle and Van Colle v The United Kingdom ECHR 9-Feb-2010
Statement of Facts . .
See Also – Van Colle v The United Kingdom ECHR 13-Nov-2012
. .
Lists of cited by and citing cases may be incomplete.

Police, Negligence, Human Rights

Updated: 05 July 2022; Ref: scu.239196

JP Morgan Chase Bank and others v Springwell Navigation Corporation: CA 2 Mar 2006

The parties disputed the attempt to strike out part of the defendant’s claim relating to shipping losses.

Judges:

Buxton, Wall, Jonathan Parker LJJ

Citations:

[2006] EWCA Civ 161

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation CA 20-Dec-2005
The defendants appealed against an order striking out four paragraphs of its defence and counterclaim. . .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation ComC 14-Mar-2005
The defendants had invested money through the claimants, but had suffered severe losses. The claimants sought a declaration that they had no liability for such losses. The defendants counterclaimed that the claimants were liable in negligence, . .

Cited by:

See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation ComC 3-Nov-2006
. .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation Comc 27-May-2008
The company alleged negligence by its financial advisers.
Held: Gloster J said that the absence of a written advisory agreement is a strong pointer against the existence of a free-standing duty of care to give investment advice.
Gloster . .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation and others ComC 25-Jul-2008
. .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corp ComC 21-Nov-2008
. .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corp ComC 20-Feb-2009
The court heard an application for leave to appeal against orders. . .
See Also – Springwell Navigation Corporation v JP Morgan Chase Bank and Others CA 1-Nov-2010
The court was asked as to whether representations has been made.
Held: Aikens LJ referred to a provision stating ‘no representation or warranty, express or implied, is or will be made . . in or in relation to such documents or information’, . .
Lists of cited by and citing cases may be incomplete.

Negligence, Torts – Other

Updated: 05 July 2022; Ref: scu.238788

Parsons Corporation and others v CV Scheepvaartonderneming “Happy Ranger”: ComC 9 Feb 2006

A large cylinder part was damaged as it was being loaded on board the Happy Ranger in Italy. A hook on the crane was brittle and did not meet the approriate specification. It had not been tested as required.

Judges:

Mrs Justice Gloster DBE

Citations:

[2006] EWHC 122 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – W. Angliss v Peninsular and Oriental Steam Navigation Co 1927
Wright J held: ‘The Carriage of Goods by Sea Acts have introduced a new and obligatory code of responsibilities and immunities as affecting carriers under bills of lading in place of the former rule that carriers by sea, while generally under the . .
Cited – Northern Shipping Company v Deutsche Seereederei Gmbh and others (‘The Kapitan Sakharov’) CA 3-Mar-2000
A carrier: (a) should not be exposed to an infinite liability in time; and (b) is not, without more, liable for latent defects in a vessel before it acquired it. The relevant failure to exercise due diligence must relate to the performance of a . .
Cited – Riverstone Meat Co Pty Ltd v Lancashire Shipping Co (‘The Muncaster Castle’) HL 1961
Persons employed by a carrier in the work of keeping or making a vessel seaworthy are the carrier’s agents whose diligence or lack of it is attributable to the carrier. A shipowner’s or carrier’s duty under Article III, Rule 1 would not start and he . .
Lists of cited by and citing cases may be incomplete.

Contract, Negligence, Transport

Updated: 05 July 2022; Ref: scu.238654

Carisbrooke Shipping Cv5 v Bird Port Ltd: AdCt 13 Sep 2005

Action for damages by the Claimant, the owner of the motor vessel CHARLOTTE C, against the Defendant, the owner and operator of Bird Port which is in Newport. The claim is brought under the Occupiers’ Liability Act 1957 and in negligence. It is said that whilst berthed at Bird Port between 8 and 12 May 2003 the vessel sat upon a steel coil causing indentations and fractures in her bottom shell plating and buckling of her internals.

Judges:

Nigel Teare QC

Citations:

[2005] EWHC 1974 (Admlty)

Links:

Bailii

Statutes:

Occupiers’ Liability Act 1957

Jurisdiction:

England and Wales

Transport, Negligence, Torts – Other

Updated: 05 July 2022; Ref: scu.238283

Winnik v Dick: 1984

The respondent, was a passenger in a motor car who was injured in an accident. He raised an action of damages against the driver, the appellant, who had been convicted of an offence under the Road Traffic Act 1972. The men had been drinking together in public houses for most of the day and when the respondent entered the appellant’s car to return home, he knew that the appellant was drunk. The appellant contended that he was not liable in damages to the respondent inter alia because the respondent had voluntarily accepted the risk of an accident.
Held: After reviewing the Scotish cases: including McCaig v Langan and Fowler v Tierney: ‘From these expressions of view as to what is involved in the maxim so far as the law of Scotland is concerned, I can find no support for, but rather refutation of, the contention that its effect here is to establish that on this journey there never was any duty on the defender as the driver of the car to take reasonable care quoad the pursuer […]. In my opinion the effect of the maxim was not to relieve the defender from any duty to take care quoad his passengers. On the contrary the maxim proceeds on the basis that there is duty to take care and not be negligent, but the successful establishment of the maxim means that the pursuer has accepted the risk of the defender’s negligence in the exercise of his legal duties and has absolved the defender from the consequences arising from that negligence.’

Judges:

Lord Justice-Clerk, Lord Wheatley

Citations:

1984 SLT 185

Jurisdiction:

Scotland

Cited by:

Cited – McTear v Imperial Tobacco Ltd OHCS 31-May-2005
The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this.
Held: The action failed. The plaintiff had not . .
Lists of cited by and citing cases may be incomplete.

Road Traffic, Negligence

Updated: 05 July 2022; Ref: scu.226757

AD and OH (A Child) v Bury Metropolitan Borough Council: CA 17 Jan 2006

The claimants, mother and son, sought damages from the respondent after they had commenced care proceedings resulting in the son being taken into temporary care. The authority had wrongly suspected abuse. The boy was later found to suffer brittle bone disease.
Held: The court could not have made the interim order sought without first concluding that there were reasonable grounds to believe that the child was at risk. There was however no point at which the authority owed the applicants a common law duty of care of the sort alleged. The damage suffered by the mother was transient and non-justiciable, and there was no evidence of harm to the son. The appeal failed.

Judges:

Mummery LJ, Laws LJ, Wall LJ

Citations:

[2006] 1 WLR 917, Times 24-Jan-2006, [2006] EWCA Civ 1

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Sullivan v Moody 11-Oct-2001
(High Court of Australia) A medical practitioner who examines and reports on the condition of an individual may owe a duty to more than one person: ‘The duty for which the [appellant fathers] contend cannot be reconciled satisfactorily, either with . .
Cited – JD v East Berkshire Community Health NHS Trust and others HL 21-Apr-2005
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if . .
Cited – Fairchild v Glenhaven Funeral Services Ltd and Others HL 20-Jun-2002
The claimants suffered mesothelioma after contact with asbestos while at work. Their employers pointed to several employments which might have given rise to the condition, saying it could not be clear which particular employment gave rise to the . .
Cited – Re M (A Minor) (Care Orders: Threshold Conditions) HL 7-Jun-1994
The father had been sentenced to life imprisonment for the murder of the child’s mother. Application was made for the child to be made subject to a care order. The father appealed refusal of an order.
Held: When an application was made on the . .
Cited – Kent County Council v G and others HL 24-Nov-2005
A residential assessment order had been made under the 1989 Act in care proceedings. When the centre recommended a second extension of the assessment, the council refused, saying that the true purpose was not the assessment of the child but the . .
Cited – Attorney General v British Broadcasting Council HL 1981
The House had to consider whether a local valuation court was a court for the purposes of the powers of the High Court relating to contempt.
Held: A body, which has a judicial function, was a court, whereas if it has an administrative . .
Mentioned – Schering Chemicals Ltd v Falkman Ltd CA 1982
The Defendants’ professional skills were engaged to present the plaintiff company in a good light, and an injunction was granted to restrain them from doing the opposite. Sach LJ said: ‘even in the commercial field, ethics and good faith are not to . .
Cited – RK and MK v Oldham NHS Trust 2003
Apprehension, fear and discomfort are not generally compensatable. . .
Cited – JD, MAK and RK, RK and Another v East Berkshire Community Health, Dewsbury Health Care NHS Trust and Kirklees Metropolitan Council, Oldham NHS Trust and Dr Blumenthal CA 31-Jul-2003
Damages were sought by parents for psychological harm against health authorities for the wrongful diagnosis of differing forms of child abuse. They appealed dismissal of their awards on the grounds that it was not ‘fair just and reasonable’ to . .

Cited by:

Cited – A and Another v Somerset County Council QBD 11-Oct-2012
Appeal against refusal of order for pre-action disclosure. . .
Lists of cited by and citing cases may be incomplete.

Negligence, Local Government

Updated: 04 July 2022; Ref: scu.237709

Sowerby v Charlton: CA 21 Dec 2005

Before proceedings, in without prejudice discussions, the defendant made certain admissions. They were withdrawn before proceedings commenced. The claimant said that they could not be withdrawn.
Held: Until proceedings began the Civil Procedure Rules had nothing on which to bite. Accordingly the defendant remained free to withdraw a concession before proceedings were issued.

Judges:

Lord Justice May Lord Justice Brooke Sir Anthony Clarke MR

Citations:

[2005] EWCA Civ 1610, Times 05-Jan-2006, [2006] 1 WLR 586

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Approved – Braybrook v The Basildon and Thurrock University NHS Trust 7-Oct-2004
Sumner J gave guidance on the withdrawal of an admission under the CPR: ‘From the cases and the CPR I draw the following principals:
1. In exercising its discretion, the court will consider all the circumstances of the case and seek to give . .

Cited by:

Cited – Woodland v Stopford and Others CA 16-Mar-2011
The claimant appealed against a decision allowing a defendant to withdraw an admission of liability. As a child she had got into difficulties during a class swimming lesson, and had ceased to breathe leaving her with catastrophic hypoxic brain . .
Cited – Berg v Blackburn Rovers Football Club and Athletic Plc ChD 29-Apr-2013
The claimant sought damages after termination of his contract of employment as manager of the defendant football club. The Club now sought leave to withdraw an admission of liability as to payment in respect of a minimum period of notice.
Lists of cited by and citing cases may be incomplete.

Personal Injury, Negligence, Civil Procedure Rules

Updated: 04 July 2022; Ref: scu.236615

Sam v Atkins: CA 9 Nov 2005

May LJ said: ‘Caparo and Murphy v Brentford were both cases concerning economic loss, not physical damage, but the principle is the same for each. The question is whether the relationship between the claimant and the defendant is such that it imposes on the latter a duty to take care to avoid or prevent the loss which has in fact been sustained. That question subsumes the question whether the acts or omissions of the defendant cause the damage relied on. If they do not there is no negligence’

Judges:

May LJ

Citations:

[2005] EWCA Civ 1452

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Macleod (By His Deputy and Litigation Friend, Macleod) v Commissioner of Police of The Metropolis QBD 3-Apr-2014
The claimant sought damages after being severely injured when knocked from his cycle by police officers in a car attending an emergency, and driving over the speed limit.
Held: The claim succeeded, and there had been no contributory negligence . .
Lists of cited by and citing cases may be incomplete.

Negligence, Road Traffic, Personal Injury

Updated: 04 July 2022; Ref: scu.236372

Commissioner of Police of The Metropolis v DSD and Another: SC 21 Feb 2018

Two claimants had each been sexually assaulted by a later notorious, multiple rapist. Each had made complaints to police about their assaults but said that no effective steps had been taken to investigate the serious complaints.
Held: The Commissioner’s appeal failed: To provide an effective deterrent, laws which prohibit conduct constituting a breach of article 3 must be rigorously enforced and complaints of such conduct must be properly investigated. Deficiencies in investigations do not have to be part of a flawed approach of the system generally for a breach of article 3 to arise. However, errors must be serious to be such a breach. The ECtHR case law demonstrates a clear and constant line of authority to the effect that the state has a duty to conduct an effective investigation into crimes involving serious violence to the individual. It has consistently been held that the positive obligation to investigate effectively is not solely confined to cases of ill-treatment by state agents
Lord Nueberger (Hale L agreeing) dissented in part on the issue of whether a person in the claimants’ position needs to establish that the serious defects in the investigation in question were attributable to failures of a structural nature (also referred to as systems, or systemic, failures), and not to purely operational failures (ie failings on the part of the individual police officers responsible for conducting the specific investigation). The judgments in the ECHR supported the wider approach.
Lord Kerr said: ‘the jurisprudence of the Strasbourg court is clear and constant on the issues which this court has to decide. Even if it were not, however, I would firmly reject the suggestion that the decision of this court on whether the respondents enjoy a right under the HRA to claim compensation against the appellant should be influenced, much less inhibited, by any perceived absence of authoritative guidance from ECtHR.’

Judges:

Lord Neuberger, Lady Hale, Lord Mance, Lord Kerr, Lord Hughes

Citations:

[2018] UKSC 11, UKSC 2015/0166, [2018] HRLR 11, [2018] 3 All ER 369, [2018] 1 Cr App R 31, [2018] 2 WLR 895

Links:

Bailii, Bailii Summary, SC, SC Summary

Statutes:

Human Rights Act 1998 and 8, European Convention on Human Rights 3

Jurisdiction:

England and Wales

Citing:

At First Instance (Liability) – DSD and Another v The Commissioner of Police for The Metropolis QBD 28-Feb-2014
The claimants sought damages alleging negligent failure by the police to investigate and find a serial rapist.
Held: The claim succeeded. The claimants were entitled to damages from the defendant, the Commissioner of the Police of the . .
At First Instance – DSD and Another v The Commissioner of Police for The Metropolis QBD 23-Jul-2014
The court had found the defendant liable for a breach of the claimants’ human rights in that its negligent investigations had led to further rapes and sexual assaults by an offender. The court now considered what damages might be payable. . .
Appeal from – The Commissioner of Police of The Metropolis v DSD and NBV and Others CA 30-Jun-2015
The claimants alleged that they had been victims of rapes after the defendant police force had negligently failed to properly investigate a series of similar crimes. They said that the failures had infringed their article 3 rights. The Commissioner . .
Cited – Assenov and Others v Bulgaria ECHR 28-Oct-1998
An allegation of violence by a police officer did require a thorough, impartial and careful investigation by a suitable and independent state authority: ‘The court considers that in these circumstances, where an individual raises an arguable claim . .
Cited – MC v Bulgaria ECHR 4-Dec-2003
The applicant complained that she had been raped by two men when she was 14 years old. The men were interviewed but it was concluded that they had not used threats or violence and there was no evidence of resistance. The district prosecutor issued a . .
Cited – Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department HL 17-Jun-2004
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious . .
Cited – Hertfordshire Police v Van Colle; Smith v Chief Constable of Sussex Police HL 30-Jul-2008
Police Obligations to Witnesses is Limited
A prosecution witness was murdered by the accused shortly before his trial. The parents of the deceased alleged that the failure of the police to protect their son was a breach of article 2.
Held: The House was asked ‘If the police are alerted . .
Cited – Yasa v Turkey ECHR 2-Sep-1998
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (victim); Preliminary objection rejected (non-exhaustion); No violation of Art. 2; Violation of Art. 2 (effective investigation); . .
Cited – Calvelli and Ciglio v Italy ECHR 17-Jan-2002
The applicants’ baby had died shortly after birth in 1987. They complained about the medical care. The complaint was not investigated speedily by the authority, resulting in a criminal complaint becoming time barred after a conviction in 1994 was . .
Cited – Menson v United Kingdom ECHR 6-May-2003
There had been a racist attack. The victim was set on fire and killed in the street by assailants. His relatives sought compensation. However the assailants were not agents of the state and they were duly prosecuted, convicted and sentenced. No . .
Cited – Szula v United Kingdom ECHR 4-Jan-2007
A complaint was brought of sexual and physical abuse whilst a minor during the time that he was in a residential approved school.
Held: The applicant’s claim was inadmissible. It was concluded that there was ‘no indication that the authorities . .
Cited – Beganovic v Croatia ECHR 25-Jun-2009
The applicant had been assaulted by three individuals and coplained of the ineffectiveness of the police investigation.
Held: Though the court acknowledged that no direct responsibility can attach to a member state under ECHR for the acts of . .
Cited – Denis Vasilyev v Russia ECHR 17-Dec-2009
The applicant and his friend were seriously assaulted and robbed. Although police officers attended the scene, no investigation into the circumstances of the assault were conducted. The police officers claimed to have considered that the applicant . .
Cited – Milanovic v Serbia ECHR 14-Dec-2010
. .
Cited – CAS and CS v Romania ECHR 20-Mar-2012
The applicants raise several complaints related to the repeated rape and other ill-treatment suffered by the first applicant. In particular, the first applicant alleged that the criminal investigations into those facts had been ineffective, and that . .
Cited – Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001
Power to call in is administrative in nature
The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights . .
Cited – O’Keeffe v Ireland ECHR 28-Jan-2014
ECHR Article 3
Positive obligations
Failure by State to put appropriate mechanisms in place to protect National School pupil from sexual abuse by teacher: violation
Facts – The applicant alleged . .
Cited – BV v Ireland ECHR 2-May-2017
The court stated that the obligation to carry out an effective investigation ‘cannot be limited to cases of ill-treatment by agents of the state’.
ECHR Judgment : Violation of Article 3 – Prohibition of . .
Cited – Greenfield, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Feb-2005
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the . .
Cited – Gafgen v Germany ECHR 1-Jun-2010
(Grand Chamber) The claimant said that police treatment during his interview had amounted to torture.
Held: The Salduz principles were not restricted to the failure to provide access to a lawyer during interview. There is no clear consensus . .
Cited – El-Masri v The Former Yugoslav Republic of Macedonia ECHR 13-Dec-2012
(Grand Chamber) The applicant, a German national of Lebanese origin, alleged that he had been subjected to a secret rendition operation, namely that agents of the respondent State had arrested him, held him incommunicado, questioned and ill-treated . .
Cited – Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2.
Cited – Ambrose v Harris, Procurator Fiscal, Oban, etc SC 6-Oct-2011
(Scotland) The appellant had variously been convicted in reliance on evidence gathered at different stages before arrest, but in each case without being informed of any right to see a solicitor. The court was asked, as a devolution issue, at what . .
Cited – Rabone and Another v Pennine Care NHS Foundation SC 8-Feb-2012
The claimant’s daughter had committed suicide whilst on home leave from a hospital where she had stayed as a voluntary patient with depression. Her admission had followed a suicide attempt. The hospital admitted negligence but denied that it owed . .
Cited – Moohan and Another v The Lord Advocate SC 17-Dec-2014
The petitioners, convicted serving prisoners, had sought judicial review of the refusal to allow them to vote in the Scottish Referendum on Independence. The request had been refused in the Outer and Inner Houses.
Held: (Kerr, Wilson JJSC . .
Cited – Regina v O’Brien SC 2-Apr-2014
The court considered how to apply the rule that an extradition may only be for trial on matters committed before the extradition if they have been the basis of the request to a defendant’s commission of contempt of court after conviction. After . .
Cited – Hill v Chief Constable of West Yorkshire HL 28-Apr-1987
No General ty of Care Owed by Police
The mother of a victim of the Yorkshire Ripper claimed in negligence against the police alleging that they had failed to satisfy their duty to exercise all reasonable care and skill to apprehend the perpetrator of the murders and to protect members . .
Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Cited – Brooks v Commissioner of Police for the Metropolis and others HL 21-Apr-2005
The claimant was with Stephen Lawrence when they were both attacked and Mr Lawrence killed. He claimed damages for the negligent way the police had dealt with his case, and particularly said that they had failed to assess him as a victim of crime, . .
Cited – Chernaya v Ukraine ECHR 15-Dec-2016
Merits and Just Satisfaction – The court considered involved an injury inflicted by a non-state agent.
Held: The court reiterated that ‘[t]he minimum standards of effectiveness laid down by the Court’s case law include the requirements that . .
Lists of cited by and citing cases may be incomplete.

Police, Human Rights, Negligence

Updated: 01 July 2022; Ref: scu.605316