swarb.co.uk - law index
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: 1999 To: 1999
This page lists 34 cases, and was prepared on 02 April 2018.
Hamble Fisheries Ltd v Gardner and Sons Ltd Times, 05 January 1999; Gazette, 10 February 1999
5 Jan 1999
CA
Negligence, Damages
Without a contractual or other proximal relationship showing voluntary assumption of responsibility, no one party is liable to another for damages for pure financial losses, even though such losses were reasonably foreseeable.
Kavaljit Toor (T/a Toor Videos) v Sahdev Kumar Bassi [1999] EWCA Civ 612
20 Jan 1999
CA
Negligence
[ Bailii ]
Citibank Ne v Lebihan Contracts Limited; Anton Piller (Uk) Limited and Thames Environmental Services Limited [1999] EWCA Civ 679
29 Jan 1999
CA
Construction, Negligence
[ Bailii ]
Pangood Limited v Barclay Brown and Company Limited Bradstock Blunt and Thompson Limited [1999] EWCA Civ 682
29 Jan 1999
CA
Negligence
[ Bailii ]
Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased); HL 11-Feb-1999 - Times, 16 July 1999; Gazette, 11 August 1999; [1999] 3 WLR 363; [1999] UKHL 35; [2000] 1 AC 360; [1999] 3 All ER 897
Chalk v Devizes Reclamation Company Limited Times, 02 April 1999; Gazette, 24 March 1999; [1999] EWCA Civ 849
24 Feb 1999
CA
Sir Stephen Brown Lord Justice Swinton Thomas
Negligence, Health and Safety, Personal Injury
Where a task required common-sense, and no obvious instructions were capable of avoiding a danger, an employer was not required to produce instruction and training. The judge erred in finding liability without finding what would have helped.
Gibson v Orr, the Chief Constable, Strathlclyde Police; SCS 26-Feb-1999 - [1999] ScotCS 61; 1999 SCLR 661; 1999 SC 420
O'Connell v Plymouth City Council (2) [1999] EWCA Civ 972
12 Mar 1999
CA
Negligence
[ Bailii ]
Derek Kenneth Swann and Susan Mary Swann v Mervyn Thomas Seal [1999] EWCA Civ 1036
19 Mar 1999
CA
Negligence
[ Bailii ]
Gordon George William Watson, Bradford City Association Football Club (1983) Limited v Kevin John Gray, Huddersfield Town Association Football Club Limited [1999] EWHC Admin 341
22 Apr 1999
CA
Personal Injury, Negligence
The first claimant succeeded in claiming damages against the first and second defendants. He had been a professional footballer injured in a negligent tackle by the first defendant. The tackle was outside the range acceptable within the sport. The decision of the judge at first instance had been an assessment of the facts. As such it was not for re-opening by the Court of Appeal.
[ Bailii ]
Adams and Another v Rhymney Valley District Council [1999] EWCA Civ 1257; [1999] EWCA Civ 1256
23 Apr 1999
CA
Negligence
1 Cites
1 Citers
[ Bailii ] - [ Bailii ]
Andrea Jane Constable v Tyson Richard Streets and First Saxon Group Limited [1999] EWCA Civ 1277
28 Apr 1999
CA
Negligence, Road Traffic
[ Bailii ]
Susan Moore v Kirklees Metropolitan Council [1999] EWCA Civ 1326
30 Apr 1999
CA
Lord Justice Peter Gibson, Lord Justice Potter
Health and Safety, Negligence, Personal Injury
The claimant was employed as a dinner lady at a junior school. Whilst supervising playtime, a child jumped on her, causing her injury. The council appealed a finding of negligence. The boy had been recognised as being in need of special management for his behaviour, and had behaved in a similar fashion before. There were steps which could have been taken to reduce the risks, including the issue of earnings, training, and the employment of more staff. Held: Mere forseeability was insufficient to establish liability. Each such case must turn on its own facts. In this case the finding was correct in law.
1 Cites
[ Bailii ]
Gibson v Chief Constable of Strathclyde Police Times, 11 May 1999
11 May 1999
OHCS
Police, Negligence
The police once having taken control of a dangerous traffic situation retained responsibility for it. Having failed to erect warnings or traffic cones after an accident at a collapsed bridge, and leaving the site unattended, the police were responsible,
Gwendolen Rose Tilly v Hamleys of London [1999] EWCA Civ 1435; [1999] EWCA Civ 1435
19 May 1999
CA
Lord Justice Swinton Thomas Lord Justice Potter
Negligence
The claimant had brought an action in negligence against the shop defendant. She had been stopped on leaving, when a library book caused the anti-theft alarm to go off. She felt humiliated by the public way she was dealt with. Her action had been struck out on the basis that there was no duty toward her in negligence for the selection of the system for testing for thefts. Held: The judge's order was correct and an appeal would undoubtedly fail. Leave to appeal refused.
[ Bailii ]
Re N [1999] EWCA Civ 1452; [1999] Lloyd's Rep Med 257
20 May 1999
CA
Criminal Practice, Police, Negligence
The claimant was a victim of a rape. She alleged that the police had mishandled the prosecution, resulting in the dismissal of the charges against the defendant, which in turn, she said exacerbated her own post traumatic stress disorder. Held: "In my judgment an attempt to formulate a duty of care in this way is wholly misconceived. If a duty of care exists at all it is a duty to take reasonable care to prevent the Plaintiff from suffering injury, loss or damage of the type in question, in this case psychiatric injury. " Clarke LJ: It was at least arguable that where a forensic medical examiner carries out an examination and discovers that the person being examined has a serious condition which needs immediate treatment, a duty is owed to the examinee to disclose those facts.
1 Cites
1 Citers
[ Bailii ]
Mcgill v James Addy [1999] EWCA Civ 1529
28 May 1999
CA
Personal Injury, Negligence, Road Traffic
[ Bailii ]
Palmer (Administratrix of the Estate of Rose Frances Palmer) v Tees Health Authority and Hartlepool and East Durham NHS Trust; CA 2-Jun-1999 - Times, 06 July 1999; [1999] EWCA Civ 1533; [2000] PNLR 87; [1999] Lloyd's Rep Med 351; [2000] PIQR P1
Lewis v University of Bristol and Ultra Violet Products Ltd [1999] EWCA Civ 1569
14 Jun 1999
CA
Otton LJ, Lord Bingham of Cornhill LCJ
Negligence
The plaintiff was a research assistant employed by the defendant. She was an experienced molecular biologist, and was using an ultra violet transilluminator to photograph DNA gel in a laboratory when she was exposed to an excessive dose of ultra violet light and suffered serious burns to her face and neck. For some years she had used an ultra violet transilluminator known as a TL33 without mishap. Shortly before this event, and without her knowledge, this machine had been replaced by the University by a more powerful machine of similar appearance. The machine was manufactured by the third party, Ultra Violet Products Limited, who had supplied an instruction book with the machine. Held: Otton LJ accepted a submission that the TM40 was manufactured for a niche market. It was not a product created for general consumer use. It was a product created for exclusively scientific uses. After a reference to Holmes v Ashford he said: "It is thus in my view a simple question of fact and degree in every case whether a manufacture[r] has given sufficient warning in all the circumstances when supplying a dangerous piece of equipment. [...] If the question is asked: what ought the reasonable manufacture[r] to foresee and what steps should he reasonably take?, the answer to my mind is clear. These manufacturers could reasonably foresee that the university would adequately instruct anyone who might use the machine - and in particular the research assistants - and they could not reasonably have foreseen that the university would allow the machine to put into circulation and use without adequate warning."
The Lord Chief Justice, Lord Bingham of Cornhill: The third party could not reasonably be expected to foresee the possibility that an expert professional buyer such as a scientific department of a university would make a machine such as the TM40 transilluminator available for use by its staff without, if necessary, familiarising itself with the potential hazards of such a machine and the safety precautions necessary to counter those hazards, and without taking steps to warn its staff of the dangers and to give instruction on the safe operation of the machine.
1 Cites
1 Citers
Barrett v London Borough of Enfield; HL 17-Jun-1999 - Gazette, 14 July 1999; Times, 18 June 1999; [2001] 2 AC 550; [1999] UKHL 25; [1999] 3 All ER 193; [1993] 3 WLR 79
Hartley v British Railways Board and London Borough of Camden [1999] EWCA Civ 1687
25 Jun 1999
CA
Negligence
Failure to disclose planning applications.
[ Bailii ]
Fielding (Acting By her Next Friend Fielding) v Greenhalgh (Personal Representative of McLoughlin Deceased) [1999] EWCA Civ 1799
9 Jul 1999
CA
Personal Injury, Road Traffic, Negligence
[ Bailii ]
Fraser v Winchester Health Authority; CA 12-Jul-1999 - Times, 12 July 1999
Heathfield v Owen [1999] EWCA Civ 1863
16 Jul 1999
CA
Insurance, Negligence
1 Cites
[ Bailii ]
Kent v Doctor Griffiths, Doctor Roberts, The London Ambulance Service Unreported, 16 July 1999; Case No: 1999/0926
16 Jul 1999
QBD
Turner J
Health Professions, Negligence
The claimant suffered a respiratory arrest after an emergency ambulance called by the first defendant, did not arrive for 40 minutes. Held: the ambulance service was negligenct and liable. The acceptance of the doctor's request for an ambulance to come immediately gave rise to a duty of care.
1 Cites
1 Citers
Gray v Stead [1999] EWCA Civ 1887
20 Jul 1999
CA
Bingham LCJ
Personal Injury, Negligence
The defendant fishing boat operator appealed against a finding of liability in negligence in not having provided a single chamber life-jacket to the plaintiff. He said that at the time of the accident in 1994, it was not standard to provide them.
1 Cites
Delaware Mansions Limited, Flecksun Limited v The Lord Mayor and Citizens of The City of Westminster [1999] EWCA Civ 1903; 68 Con LR 172; (2000) 32 HLR 664; [2000] BLR 1; [1999] 46 EG 194; [1999] 3 EGLR 68
21 Jul 1999
CA
Beldam, Pill, Thorpe LJJ
Land, Negligence, Nuisance
A number of blocks of mansion flats in Maida Vale were damaged by the root action of a plane tree for which the council were responsible. The freehold in the blocks, known as Delaware Mansions, was sold by the Church Commissioners to the second appellants in 1990 for £1. . The flats were subject to long leases and the first appellant company had been formed to act as the maintenance and service company for the tenants, who owned the company. The second appellant company was formed as a wholly owned subsidiary of the first appellant company.
In 1989, there were reports of cracking in parts of the structure of the blocks and engineers were instructed on behalf of the first appellants. The engineers submitted a brief report and this was followed by further investigation. At a time after the second appellants had become freeholders, the appellants' expert opinion was disclosed to the council. The engineers believed, as the judge put it, that "either the tree should be felled or the property should be underpinned". The cost of remedial work if the tree had been felled was very small and, it is common ground, can be ignored for present purposes. The removal of the tree would have ended the nuisance. Thr court was asked whether the Council was liable in uisance.
1 Citers
[ Bailii ]
Ivan John Leeson v Gary Kurt Quinn [1999] EWCA Civ 1904
21 Jul 1999
CA
Negligence, Road Traffic, Personal Injury
[ Bailii ]
Alexander and others v Midland Bank Plc [1999] EWCA Civ 1918
22 Jul 1999
CA
Personal Injury, Negligence
1 Cites
[ Bailii ]
Perre v Apand Pty Ltd (1999) 198 CLR 180; [1999] HCA 36; [1999] 64 ALR 606; [1999] 64 73 ALJR 1190
12 Aug 1999
Kirby J
Commonwealth, Negligence, Agriculture
(High Court of Australia) The plaintiff farmers sought damages for financial losses incurred after the defendant negligently introduced a disease. Although the disease was not shown to have spread, neighbouring farm owners suffered economic loss by the imposition of a potato marketing ban in Western Australia attributable to the proximity of their farms to the outbreak of the disease, and sued the defendant for what was therefore pure economic loss (the absence of any escape of the disease preventing a claim under Rylands v. Fletcher). Held: An important criterion for the imposition of liability for economic loss lay in ascertaining the extent to which the plaintiff was vulnerable to incurring loss by reason of the defendant's conduct, and the extent to which that was or should have been apparent to the defendant.
Kirby J: "As against the approach which I favour, it has been said that the three identified elements are mere 'labels'. So indeed they are. . . Labels are commonly used by lawyers. They help steer the mind through the task in hand."
1 Citers
[ Austlii ]
Briscoe v Lubrizol Ltd and Another Gazette, 27 October 1999; Times, 05 November 1999
27 Oct 1999
CA
Negligence
Insurers underwriting a company's permanent health insurance scheme had no duty of care directly to a company employee to ensure that his claim was processed properly. Their duty was owed to the company only. The employee was not a party to the contract between the company and the insurer, and must rely upon his cause of action against the employer only.
1 Citers
Jarvis v Hampshire County Council; CA 23-Nov-1999 - Times, 23 November 1999; Gazette, 17 December 1999
Mark Frederick Cooper v Elizabeth Reed Atlas Radio Cars [1999] EWCA Civ 224
3 Dec 1999
CA
Road Traffic, Negligence, Personal Injury
[ Bailii ]
Farah and Others v Home Office, British Airways Plc and Another; CA 6-Dec-1999 - Times, 26 January 2000
