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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Negligence - From: 1993 To: 1993

This page lists 34 cases, and was prepared on 02 April 2018.

 
Lewis v Buckpool Golf Club [1993] SLT 43
1993


Negligence
A high handicap golfer was negligent in failing to wait before driving off from the fifth tee with the result that when he mis-hit his shot at an acute angle it injured the plaintiff who was putting on the adjacent fourth green. "The question that arose for decision was whether the mis-hit was something a reasonable man would have had in contemplation as a risk that was reasonably likely to happen. That required more than a mere possibility but not a greater than even likelihood, and if it was reasonably likely to happen it was negligent to neglect it in a situation where it could be avoided without difficulty, disadvantage or expense."
1 Citers


 
Welsh v Chief Constable of Merseyside Police [1993] 1 All ER 692
1993

Tudor Evans J
Negligence, Police
On conviction for one offence, the plaintiff asked for two other offences to be taken into consideration. He was bailed pending sentence. He was then arrested for the other offences and wrongfully held in custody. The Crown Prosecution Service had negligently failed to notify the police of the events in court. W sought damages. The claim was struck out and on appeal, the CPS relied on section 2(5) of the 1947 Act. Held: The immunity related only to the exercise of judicial functions. The process of notification of the request not a judicial act. Though the CPS had immunity when acting as advocate, this falure occurred in its general administrative duties. The claim was restored.
Crown Proceedings Act 1947
1 Cites

1 Citers


 
Allen v Bloomsbury Health Authority [1993] 1 All ER 651; [1992] 3 Med LR 257; (1992) 13 BMLR 47
1993

Brooke J
Negligence, Damages
The plaintiff sought damages after a failed sterilisation. She had been apprehensive during the pregnancy that the child might be handicapped, and in the event the child suffered from temper tantrums, a speech defect and slight dyslexia. Held: Damages of £2500 was awarded in respect of pain, suffering and loss of amenities, of which general damages for pain suffering and loss of amenities up to the birth were £1250. Nothing was awarded in respect of the fact that the child had these disabilities. £2500 was awarded because it was the sum which the defendants conceded was proper. The court should award all such expenses as might reasonably be incurred for the education and upkeep of the unplanned child, having regard to the condition in life of the child and the reasonable requirements of the child. That would include expensive schools if that was how the child's siblings had been educated, even though this might result in "a very substantial claim".
1 Citers


 
Ashley Guarantee plc v Zacaria [1993] 1 WLR 62
1993
CA
Nourse LJ
Banking, Negligence
In possession proceedings based on a mortgage debt, the mortgagee's right to possession of the mortgaged property will not be defeated by a cross-claim of the mortgagor in the absence of some contractual or statutory provision to the contrary.
1 Cites

1 Citers


 
Nash v Eli Lilly and Co [1993] 1 WLR 782; [1993] 4 All ER 383
1993
CA
Purchas LJ
Limitation, Negligence
The court considered whether a solicitor acting for a potential plaintiff was considered to be an expert for the purposes of the section. Held: Purchas LJ said: "Of course as advice from a solicitor as to the legal consequences of the act or omission is not relevant his contribution can only consist of factual information. Moreover where constructive knowledge is under consideration through the channel of a solicitor this can only be relevant where it is established that the plaintiff ought reasonably to have consulted a solicitor at all. Thus it is for the defendant to establish not only that a solicitor whom the plaintiff might consult would have the necessary knowledge but also that it was reasonable to expect the plaintiff to consult him. This question was considered at some length in the judgment of Hidden J. and we can see no reason to depart from his general approach. ." and “The standard of reasonableness in connection with the observations and/or the effort to ascertain are therefore finally objective but must be qualified to take into consideration the position, and circumstances and character of the plaintiff . . In considering whether or not the inquiry is, or is not reasonable, the situation, character and intelligence of the plaintiff must be relevant”.
Purchas LJ: "It was not … the intention of Parliament to require for the purposes of section 11 and section 14 of the [1980] Act proof of knowledge of the terms in which it will be alleged that the act or omission of the defendants constituted negligence or breach of duty. What is required is knowledge of the essence of the act or omission to which the injury is attributable."
Limitation Act 1980 13(4)(b)
1 Cites

1 Citers


 
K v P [1993] Ch 140
1993
ChD
Ferris J
Negligence, Damages
The court considered when orders might be made under the Act for a contribution to be made to damages payable. Ferris J said: "In my judgment the ex turpi causa defence is not available as an answer to a claim for contribution under the Act of 1978. The specific purpose of that Act, as of the Act of 1935 before it, was to enable claims for contribution to be made as between parties who had no claim to contribution under the general law. To permit the ex turpi causa defence to be relied upon as an answer to such a claim would, in my view, narrow to a substantial extent the deliberately wide wording of section 6(1) of the Act of 1978 and would, in effect, make a claim for contribution subject to a condition precedent which is not to be found in the Act. Moreover, section 2(1) and (2) give the court ample power to fix the amount of the contribution at a level, including a zero level, which takes account of all the factors which, in relation to common law claims, are relevant to the ex turpi causa defence."
Civil Liability (Contribution) Act 1978 1(1)
1 Citers



 
 National Justice Compania Naviera S A v Prudential Assurance Company Ltd ("The Ikarian Reefer"); 1993 - [1993] 2 Lloyd's Rep 68
 
Hamilton v Fife Health Board 1993 SC 369
1993


Scotland, Negligence
A child was born but with injuries incurred while in utero alleged to have been caused by the negligence of the doctors attending the mother. The parents sued the health board for loss of the child's society. The Board argued the action to be irrelevant as the child had not been a person for the purposes of the 1976 Act at the time when the injuries were sustained. The Lord Ordinary held that personal injuries could only be sustained by a person and that the child had not been a person at the relevant time. The pursuers reclaimed. Held: Reversing the judgment of the Lord Ordinary, the case depended on the construction of section 1(1) of the Damages (Scotland) Act 1976, that there could be no liability until both damnum and iniuria concurred, but once the child was born and became a person the necessary concurrence was established and the child acquired the right to sue the person whose breach of duty resulted in its loss; and it followed that the defenders were liable to pay damages to the pursuers in accordance with section 1(1) of the 1976 Act.
Lord McCluskey said: "As the act or omission must be one giving rise to liability to pay damages, there can be no liability until both damnum and iniuria concur. There can be no liability to pay damages until there is a person in respect of whose loss the claim to damages arises."
Lord Caplan said: "However the duty is not breached nor does a right of action arise at the point when the careless act is committed (assuming there were such an act). The duty which rests on a person charged with taking care is not the academic responsibility of not being negligent but rather the duty not to cause harm by negligence. The delict is only committed when the initial negligent act actually causes harm. That is to say the concurrence of iniuria and damnum is required. "
Damages (Scotland) Act 1976 1(1)
1 Cites

1 Citers


 
Paugh v RJ Reynolds Tobacco Company 834 F.Supp. 228 (N.D.Ohio 1993)
1993


International, Negligence
(United States District Court, N.D.Ohio, E.D) A tobacco company was sued in negligence. Held: "The dangers posed by tobacco smoking have long been within the ordinary knowledge common to the community. In fact, tobacco is specifically mentioned in the Restatement (Second) of Torts as an example of a product which is not defective merely because the effects of smoking may be harmful. Rest. (2d) of Torts -402A(i)." and "[E]specially in light of the Sixth Circuit's holding in Roysdon, this Court finds that the better-reasoned decisions are those finding the dangers of smoking to have been common knowledge. Much as in the case of alcohol, users of tobacco products have made a consumer choice in the face of health risks that are common to ordinary knowledge . . That some ignore or underestimate these risks has little bearing on the extent to which knowledge of the dangers [is] salient within the community. Therefore, because the risks posed by smoking are an inherent characteristic of cigarettes, and because knowledge of these risks has been common to the community since well before 1966, Paugh's allegations are insufficient to support her claim for damages caused by a product in an 'unsafe and defective' condition. . ."
1 Citers


 
Pelman v McDonald's Corporation 237 F.Supp.2d 512 (S.D.N.Y.2003).
1993

District Judge Sweet
International, Negligence, Consumer
(United States District Court, S.D. New York,) Customers sued McDonald's for the excess sale of fatty fast food products to children. Held: The action was dismissed. the defendants owed no duty to warn consumers of the products' well-known attributes, setting out the causes of action alleged by the plaintiffs, two of which were expressed in these terms: "Count III sounds in negligence, alleging that McDonalds acted at least negligently in selling food products that are high in cholesterol, fat, salt and sugar when studies show that such foods cause obesity and detrimental health effects. Count IV alleges that McDonalds failed to warn the consumers of McDonalds' products of the ingredients, quantity, qualities and levels of cholesterol, fat, salt and sugar content and other ingredients in those products, and that a diet high in fat, salt, sugar and cholesterol could lead to obesity and health problems." As to count III, at "It is well-known that fast food in general, and McDonalds' products in particular, contain high levels of cholesterol, fat, salt and sugar, and that such attributes are bad for one. . . If a person knows or should know that eating copious orders of super- sized McDonalds' products is unhealthy and may result in weight gain (and its concomitant problems) because of the high levels of cholesterol, fat, salt and sugar, it is not the place of the law to protect them from their own excesses. Nobody is forced to eat at McDonalds. As long as a consumer exercises free choice with appropriate knowledge, liability for negligence will not attach to a manufacturer. [...] Plaintiffs have failed to allege in the Complaint that their decisions to eat at McDonalds several times a week were anything but a choice freely made and which now may not be pinned on McDonalds."
1 Citers


 
Ancell v McDermott [1993] EWCA Civ 20; [1993] 4 All ER 355
29 Jan 1993
CA
Beldam LJ
Negligence, Police
The plaintiff sought damages in negligence. Diesel had been spilled on the road. Though police officers saw it and took basic steps, the deceased was in a car which skidded on the diesel some time later.
1 Citers

[ Bailii ]
 
Topp v London Country Bus (South West) Ltd Gazette, 12 May 1993; Ind Summary, 22 February 1993
22 Feb 1993
CA

Negligence, Personal Injury, Transport
A Bus Company had no duty of care to a victim of an accident caused by a thief who had stolen their bus. Company is not liable in negligence for having left bus with key in it to victim of thief's driving.

 
White and Another v Jones and Another Gazette, 16 June 1993; Times, 09 March 1993; Independent, 05 March 1993
5 Mar 1993
CA

Negligence, Legal Professions, Professional Negligence
A solicitor's liability in negligence extends to potential beneficiary of will, from delay in making a will.
1 Cites

1 Citers



 
 Ephraim v London Borough of Newham; CA 10-Mar-1993 - Gazette, 10 March 1993
 
Ancell and Another v McDermott and Others Gazette, 17 March 1993; [1993] 4 All ER 355
17 Mar 1993
CA

Negligence, Police
Police are under no duty to warn road users of a hazard on road. The police have no general liability in negligence for reasons of public policy.
1 Citers


 
Martine v South East Kent Health Authority Ind Summary, 22 March 1993; (1993) 20 BMLR 51; Times, 08 March 1993
22 Mar 1993
CA
Dillon LJ, Leggatt LJ
Negligence, Licensing, Health Professions
The authority applied ex parte under the 1984 to the magistrate for the revocation of the plaitiff's nursing home licence. It was supported by a written statement of the reasons for making the order made by the health authority's chief nursing officer. The order cancelling the registration was made by the magistrate and the nursing home was perforce closed with financial loss to its proprietor. The licence was later re-instated. The proprietor sought damages. Held: There was no cause of action in negligence for the alleged careless investigation by an area health authority towards a registered nursing home leading to an urgent application under section 30 for cancellation of the registration. The authority had no duty of care was not owed.
Dillon LJ said: "it was not just or reasonable . . that there should be a duty of care because the adversarial system of litigation has its own rules and requirements, which operate as checks and balances" and that if in any circumstances the checks and balances should fail "negligence as a tort could not be, and should not be, invoked as the remedy."
Leggatt LJ said: "The prescribed procedure is fast, and interposes only a sole justice of the peace between a health authority in pursuit of an order under the Act and the owner of a nursing home. But the fact that the safeguard is slight does not entitle a litigant to make good a supposed deficiency in the statutory procedure by recourse to the tort of negligence."
Registered Homes Act 1984 30
1 Citers



 
 Talbot v Berkshire County Council; CA 23-Mar-1993 - Times, 23 March 1993; [1994] QB 290
 
Petch v Customs and Excise Commissioners Ind Summary, 29 March 1993; [1993] ICR 789
29 Mar 1993
CA

Negligence, Employment
A former employer has no duty of care regarding the accuracy of information provided to the trustees of a pension fund regarding the work record of that employee.
1 Citers


 
Oceangas (Gibraltar) Ltd v Pla (The Cavendish) Times, 24 May 1993; Gazette, 01 September 1993; Independent, 28 May 1993
24 May 1993
QBD

Negligence, Transport, Vicarious Liability
A harbour authority is not vicariously liable for a pilot's negligence. A pilot is an independent professional person, even though the port provides his services, and can insist on his employment.
Pilotage Act 1987

 
Barrett v Ministry of Defence Independent, 03 June 1993
3 Jun 1993
QBD

Negligence
The MOD was liable in negligence for an airman's death due to its breach of duty if regulations were not kept to.
Fatal Accidents Act 1976 - Law Reform (Miscellaneous Provisions) Act 1934
1 Citers


 
Preston v Torfaen Borough Council and Another Independent, 24 September 1993; Times, 21 July 1993
21 Jul 1993
CA

Negligence, Housing
Council's independent soil surveyor had no duty of care to future buyers of land from the council.


 
 Wood v Law Society; QBD 28-Jul-1993 - Independent, 29 July 1993; Times, 30 July 1993
 
McCluskey v Lord Advocate Times, 18 August 1993
18 Aug 1993
OHCS

Negligence
The Forestry Commission has no duty to fence an unofficial and dangerous path.

 
Deloitte Haskins and Sells v National Mutual Life Nominees Ltd Gazette, 01 September 1993; [1993] 2 All ER 1015
1 Sep 1993
PC

Negligence, Commonwealth
(New Zealand) Auditors to trustees had no duty of care to trustees for depositors. Comon law imposed no duty above the statutory duty of an auditor. He had a duty tp report when he actually formed th eopinion that a company was insovent. The test was not when a prudent auditor would have reached this conclusion.


 
 Broadley v Guy Clapham and Co; CA 9-Sep-1993 - Independent, 09 September 1993; [1994] 4 All ER 439
 
McFarlane v E E Caledonia Ltd Independent, 10 September 1993; Times, 30 September 1993; [1994] 2 All ER 1
10 Sep 1993
CA
Stuart-Smith LJ
Negligence
The court will not extend a duty of care to mere bystanders of horrific events. Nor is any duty of care owed to a rescuer lacking ordinary courage. Whether a person is to be regarded as a rescuer will be a question of fact to be decided on the particular facts of the case. Trivial or peripheral assistance will not be sufficient.
1 Cites

1 Citers


 
Holtom v Barnet London Borough Council and Another Times, 30 September 1993
30 Sep 1993
QBD

Negligence
A person formerly in care can sue the Council for negligence in loco parentis.


 
 Clark Boyce v Mouat; PC 4-Oct-1993 - Independent, 12 October 1993; Times, 07 October 1993; Gazette, 03 November 1993; [1994] 1 AC 428; [1993] UKPC 34
 
Adams v Southern Electricity Board Times, 21 October 1993
21 Oct 1993
CA

Negligence
An electricity board owes a duty of care to youths who might climb its pylons/poles, even though they might be trespassers. Such activities were to be expected.


 
 Rafiq Mughal v Reuters Ltd; QBD 2-Nov-1993 - Times, 10 November 1993; Independent, 02 November 1993
 
Hope v British Nuclear Fuels Ltd; Reay v BNFL Ind Summary, 22 November 1993
22 Nov 1993
QBD

Negligence
Court not convinced on paternal preconception irradiation causality


 
 X (Minors) v Bedfordshire County Council; QBD 24-Nov-1993 - Independent, 23 December 1993; Times, 24 November 1993
 
Morrell v Owen and Others Times, 14 December 1993
14 Dec 1993
QBD

Negligence
A greater duty of care is owed by organizers and sports coaches to disabled athletes because of their special needs,


 
 Galoo Ltd and Others v Bright Grahame Murray; CA 21-Dec-1993 - Times, 14 January 1994; [1994] 1 WLR 1360; [1995] 1 All ER 16; [1993] EWCA Civ 3
 
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