Liddell v Middleton: CA 17 Jul 1995

A husband and wife crossed a road. The wife, appreciating that the danger from the traffic, ran across. The husband stood in the middle of the road and then went ahead, but was struck by a vehicle and injured. He was significantly affected by alcohol, and evidence had been led at the trial indicating the effect of alcohol on accident statistics, particularly relating to men. The judge concluded that the husband was 25 per cent to blame for the accident.
Held: The driver’s appeal succeeded to the extent that the plaintiff was 50% responsible for his injuries.
Stuart-Smith LJ considered the correct approach to the fact that the husband had been affected by alcohol in the context of the issue of apportionment. He replied to a submission which sought to equate the approach to a drunken driver to the situation of a drunken pedestrian, as follows: ‘That may be so in the case of a driver who puts himself in the control of an object which is capable of great damage if it is not properly controlled, but I am not persuaded that it makes a significant difference in this case in the case of a pedestrian. It seems to me that the pedestrian’s conduct has to be judged by what he did rather than the explanation as to why he did it.’ Having referred to the statistical information which had been before the judge, he said: ‘The result of that statistical survey is no doubt a matter of expert knowledge not available to a layman. But whether it is of any material assistance in this case is another matter. It is not the fact that a plaintiff has consumed too much alcohol that matters, it is what he does. If he steps in front of a car travelling at 30 mph at a time when the driver has no opportunity to avoid an accident, that is a very dangerous and unwise thing to do. The explanation of his conduct may be that he was drunk: but the fact of drunkenness does not, in my judgment, make the conduct any more or less dangerous and it does not in these circumstances increase the blameworthiness of it.’
As to the test of admissibility laid down in the 1972 Act 1972: ‘But that section in no way extends the principles upon which expert evidence is admissible. An expert is only qualified to give expert evidence on a relevant matter, if his knowledge and expertise relate to a matter which is outside the knowledge and experience of a layman. In the reference to an ‘issue in the proceedings in question’ relates to a factual issue and not to the conclusion of law based upon such fact’.
Stuart-Smith LJ laid down the limits of expert evidence: ‘In such cases the function of the expert is to furnish the Judge with the necessary scientific criteria and assistance based upon his special skill and experience not possessed by ordinary laymen to enable the Judge to interpret the factual evidence of the marks on the road, the damage or whatever it may be. What he is not entitled to do is to say in effect ‘I have considered the statements and special evidence of the eyewitnesses in this case and I conclude from their evidence that the defendant was going at a certain speed, or that he could have seen the plaintiff at a certain point’. These are facts for the trial Judge to find based on the evidence that he accepts and such inferences as he draws from the primary facts found. Still less is the expert entitled to say that in his opinion the defendant should have sounded his horn, seen the plaintiff before he did or taken avoiding action and that in taking some action or failing to take some other action, a party was guilty of negligence. These are matters for the Court, on which the expert’s opinion is wholly irrelevant and therefore inadmissible’.

Judges:

Stuart-Smith, Peter Gibson and Hutchison LJJ

Citations:

Times 17-Jul-1995, (1996) PIQR 36

Statutes:

Law Reform (Contributory Negligence) Act 1945 1(1), Civil Evidence Act 1972

Jurisdiction:

England and Wales

Cited by:

CitedBailey v Warre CA 7-Feb-2006
The claimant had been severely injured in a road traffic accident. His claim was compromised and embodied in a court order, but later a question was raised as to whether he had had mental capacity at the time to make the compromise he had.
CitedLunt v Khelifa CA 22-May-2002
The claimant pedestrian had been injured when hit by a car driven by the defendant as she stepped into the roadway. Both parties appealed against the assessment of contributory negligence. The claimant had a blood alcohol level three times that . .
CitedAllen v Cornwall Council QBD 20-May-2015
The claimant was injured riding his bicycle, and alleged failure by the respondent highway authority. The court now considered an application for leave to appeal against an order allowing the production of evidence of an expert in cycling skills and . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Negligence, Personal Injury

Updated: 21 January 2023; Ref: scu.83063

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 occasion, without supervision, he suffered a serious injury. A Local Authority allowing facilities for unsupervised gymnastics may be liable in negligence for injury. Where the only connection between the acts of the claimant and the defendant is the fact that the defendant made it possible for the claimant to harm himself, the claimant’s acts are taken to be the sole cause of the harm.
Millett LJ upheld the original decision for the defendant’s assumption of responsibility in respect of the inadequate teaching and advice given to the claimant: ‘Having assumed the task of teaching Mr Fowles how to perform the forward somersault, the defendants voluntarily assumed a responsibility to teach him properly and to make him aware of the dangers. They failed to do either; and then compounded their failure by providing unrestricted access to the crash mat, thereby encouraging him to use it to practice what he had been taught, without warning him that he must on no account do so without supervision.
This appears to me to be a sound basis for ascribing some degree of responsibility to the defendants. It is true that it is not how the case was primarily pleaded or presented, but it is supported by the evidence and it would cause no injustice to the defendants if liability was put on this basis.’

Judges:

Millett LJ

Citations:

Times 22-May-1995, [1996] ELR 51, [1995] PIQR P380.

Jurisdiction:

England and Wales

Cited by:

CitedPortsmouth 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 . .
CitedGeary 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 . .
Lists of cited by and citing cases may be incomplete.

Negligence

Updated: 21 January 2023; Ref: scu.80650

Siddiqui v University of Oxford: QBD 5 Dec 2016

The University applied to have struck out the claim by the claimant for damages alleging negligence in its teaching leading to a lower class degree than he said he should have been awarded.
Held: Strike out on the basis that the claim was bound to fail was refused. Nor was the claim bound to fail under limitation difficulties. Application refused

Judges:

Kerr J

Citations:

[2016] EWHC 3150 (QB)

Links:

Bailii

Statutes:

Limitation Act 1980 14(1)(b)

Jurisdiction:

England and Wales

Citing:

CitedE D and F Man Liquid Products Ltd v Patel and Another CA 4-Apr-2003
The rules contained two occasions on which a court would consider dismissal of a claim as having ‘no real prospect’ of success.
Held: The only significant difference between CPR 24.2 and 13.3(1), is that under the first the overall burden of . .
CitedClark v University of Lincolnshire and Humberside CA 14-Apr-2000
A student had been failed after being falsely accused of cheating, but the academic review board, on remarking the paper marked it as zero.
Held: Where a University did not have the supervisory jurisdiction of a visitor, a breach of contract . .
CitedPhelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council HL 28-Jul-2000
The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed.
CitedBolam v Friern Hospital Management Committee QBD 1957
Professional to use Skilled Persons Ordinary Care
Negligence was alleged against a doctor.
Held: McNair J directed the jury: ‘Where some special skill is exercised, the test for negligence is not the test of the man on the Clapham omnibus, because he has not got this special skill. The test . .
CitedAbramova v Oxford Institute of Legal Practice QBD 18-Mar-2011
The claimant sought damages saying that the defendant had failed to provide her with the Legal Practice Course promised. The complaints included, in particular, an attack on the practice of having students mark their own mock examination papers.
CitedWinstanley v Sleeman and Another QBD 13-Dec-2013
The claimant’s PhD thesis had initially failed, but on an internal appeal that decision was reversed, the appellate body accepting the contention that the supervision or other arrangements during his period of study had been unsatisfactory. The . .
CitedSpargo v North Essex District Health Authority CA 13-Mar-1997
The test of ‘When a plaintiff became aware of the cause of an injury’ is a subjective test of what passed through plaintiff’s mind. ‘(1) the knowledge required to satisfy s14(1)(b) is a broad knowledge of the essence of the causally relevant act or . .
CitedMinistry of Defence v AB and Others SC 14-Mar-2012
The respondent Ministry had, in 1958, conducted experimental atmospheric explosions of atomic weapons. The claimants had been obliged as servicemen to observe the explosions, and appealed against dismissal of their claims for radiation sickness . .
CitedCave v Robinson Jarvis and Rolf (a Firm) HL 25-Apr-2002
An action for negligence against a solicitor was defended by saying that the claim was out of time. The claimant responded that the solicitor had not told him of the circumstances which would lead to the claim, and that deliberate concealment should . .
See AlsoSiddiqui v University of Oxford QBD 2016
Kerr J refused an application for him to recuse himself based inter alia on the fact that counsel for the Defendant before him was a member of his former chambers: ‘It is true that I was a member of the same chambers of Mr Milford until June 2015. . .

Cited by:

See AlsoSiddiqui v The Chancellor, Masters and Scholars of The University of Oxford QBD 7-Feb-2018
. .
See AlsoSiddiqui v University of Oxford QBD 16-Mar-2018
Post judgment issues . .
Lists of cited by and citing cases may be incomplete.

Negligence, Education, Litigation Practice, Limitation

Updated: 31 December 2022; Ref: scu.572350

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 the damage of which complaint is later made, is not sufficient to start time running. Hoffmann LJ emphasised the statutory words ‘attributable . . to the act or omission which is alleged to constitute negligence’ and explained: ‘In other words the act or omission of which the plaintiff must have knowledge must be that which is causally relevant for the purposes of an allegation of negligence . . It is this idea of causal relevance which various judges of this court have tried to express by saying the plaintiff must know ‘the essence of the act or omission to which the injury is attributable’ (Purchas LJ in Nash v Eli Lilly and Co [1993] 1WLR 782 at 799) or ‘the essential thrust of the case’ (Sir Thomas Bingham M.R. in Dobbie [1994] 1WLR 1238) or that ‘one should look at the way the plaintiff puts his case, distil what he is complaining about and ask whether he had in broad terms knowledge of the facts on which that complaint is based’ (Hoffmann LJ in Broadley [1993] 4 Med LR 328, 332)’.

Judges:

Hoffmann LJ

Citations:

Independent 25-Jan-1995, Times 25-Jan-1995, [2001] Lloyd’s Rep PN 178, [1995] 7 Med LR 122

Statutes:

Limitation Act 1980 14A

Jurisdiction:

England and Wales

Cited by:

CitedHaward and others v Fawcetts HL 1-Mar-2006
The claimant sought damages from his accountants, claiming negligence. The accountants pleaded limitation. They had advised him in connection with an investment in a company which investment went wrong.
Held: It was argued that the limitation . .
CitedSmith v Leicestershire Health Authority CA 29-Jan-1998
The plaintiff appealed a finding that she had sufficient knowledge of her possible claim for medical negligence against the defendants, and that she was out of time. She had known of her condition, but said she had no sufficient reason to see that . .
CitedPierce 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 . .
Lists of cited by and citing cases may be incomplete.

Limitation, Negligence

Updated: 09 December 2022; Ref: scu.81173

First National Comercial Bank plc v Humberts: CA 27 Jan 1995

The plaintiff loaned money on the basis of a negligent survey by the defendant. The borrower subsequently defaulted, and the lender issued a writ. The defendant said that the claim was time barred.
Held: The court allowed the plaintiff’s appeal. A cause of action against surveyor arose only when the loss was sustained and crystalised, and it was not sustained on the survey.
Saville LJ said: ‘To my mind it would be wrong simply to take the debit side of the deal and to describe it as loss or damage flowing from the breach of duty without taking into account the credit side of the deal. The reason for this is that the inquiry is as to what loss or damage (if any) has been sustained through making the deal and when such loss or damage has been incurred. On this basis, on the evidence, I am quite unpersuaded that in July 1983 the plaintiffs were, to put it colloquially, out of pocket in respect of these expenses as a result of making the deal. They had no doubt incurred some expenditure but they had also received some benefit and there is nothing to show that the former exceeded the latter.’ and
‘At the hearing and in the judgment much reliance was placed on the cases where the claimant entered into a transaction which through a breach of duty owed to the claimant provided the claimant with less rights than should have been secured, or imposed liabilities or obligations on the claimant which should not have been imposed. Examples of these cases are: Forster v Outred and Co [1982] 1 WLR 86, Iron Trade Mutual Insurance Co Ltd v J K Buckenham Ltd [1990] 1 All ER 808, and Bell v Peter Browne and Co. [1990] 2 QB 495. In all those cases, however, the court was able to conclude that the transaction then and there caused the claimant loss, on the basis that if the injured party had been put in the position he would have occupied but for the breach of duty, the transaction in question would have provided greater rights, or imposed lesser liabilities or obligations than was the case; and that the difference between these two states of affairs could be quantified in money terms at the date of the transaction.’
‘At the hearing and in the judgment much reliance was placed on the cases where the claimant entered into a transaction which through a breach of duty owed to the claimant provided the claimant with less rights than should have been secured, or imposed liabilities or obligations on the claimant which should not have been imposed. Examples of these cases are: Forster v Outred and Co (a firm) [1982] 1 WLR 86, Iron Trade Mutual Insurance Co Ltd v J K Buckenham Ltd [1990] 1 All ER 808 and Bell v Peter Browne and Co (a firm) [1990] 2 QB 495. In all those cases, however, the court was able to conclude that the transaction then and there caused the claimant loss, on the basis that if the injured party had been put in the position he would have occupied but for the breach of duty, the transaction in question would have provided greater rights, or imposed lesser liabilities or obligations than was the case; and that the difference between these two states of affairs could be quantified in money terms at the date of the transaction. By contrast, in the present case, as in UBAF Ltd v European American Banking Corp [1984] QB 713 (and indeed Wardley Australia Ltd v State of Western Australia (1992) 109 ALR 247) it seems to me that whichever of the legally recognised kinds of loss is examined, it is impossible on the material available to conclude that the plaintiffs suffered such loss at any time more than six years from the date of their writ. For the reasons given, it has not been shown that they lost the amount of their advances at that time, or incurred expenses in respect of which they were out of pocket at that time; or at that time lost other transactions or the opportunity to make other transactions of a value greater than the deal they made.’ and ‘It is the law that a cause of action for the tort of negligence only arises when there has been a breach of duty resulting in actual (as opposed to potential or prospective) loss or damage of a kind recognised by the law.’

Judges:

Saville LJ

Citations:

Times 27-Jan-1995, Independent 14-Feb-1995, [1995] 2 All ER 673

Statutes:

Limitation Act 1980

Jurisdiction:

England and Wales

Citing:

CitedForster v Outred and Co CA 1981
A mother signed a mortgage deed charging her property to H as security for a loan to her son. She claimed the solicitor had been negligent in his advice. The solicitor replied that the claim was out of time. The loss accrued not when demand for . .
CitedIron Trade Mutual Insurance Co Ltd v J K Buckenham Ltd 1990
The negligence of the plaintiffs’ insurance brokers led to the insurance policies being voidable for non-disclosure.
Held: The plaintiffs suffered immediate damage on entering into the policies because they did not get the protection they . .
CitedBell v Peter Browne and Co CA 1990
Mr Bell asked his solicitors to transfer the matrimonial home into his wife’s sole name. He was to receive a one-sixth interest of the gross proceeds on a sale. His interests were to be protected by a trust deed or mortgage. The solicitor drafted . .

Cited by:

HelpfulLaw 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 . .
CitedPegasus Management Holdings Sca and Another v Ernst and Young (A Firm) and Another ChD 11-Nov-2008
The claimants alleged professional negligence in advice given by the defendant on a share purchase, saying that it should have been structured to reduce Capital Gains Tax. The defendants denied negligence and said the claim was statute barred.
CitedAxa Insurance Ltd v Akther and Darby Solicitors and Others CA 12-Nov-2009
The court considered the application of the limitation period to answering when damage occurred when it arises under an unsecured contingent liability. The claimant insurance company had provided after the event litigation insurance policies to the . .
Lists of cited by and citing cases may be incomplete.

Limitation, Negligence

Updated: 09 December 2022; Ref: scu.80562

CFC 26 Ltd v Brown Shipley and Co Ltd and Others: ChD 29 Nov 2016

Complaint of the alleged sale of an underlease at a low price, working as a corrupt agreement. It was said that one of the defendants, a local council, was liable for malicious prosecution of an enforcement notice. The Council’s replied that the tort ‘cannot apply in relation to the mere service of an enforcement notice’ because, as it is put in Clerk and Lindsell: ‘To prosecute is to set the law in motion and the law is only set in motion by an appeal to some person clothed with judicial authority in regard to the matter in question.’ The Council argued that the service of an enforcement notice involved no ‘appeal to some person clothed in judicial authority’
Held: Neey J said: ‘In my view, [Counsel for the Council] is right on this point. While it is now clear that the tort of malicious prosecution can apply without a criminal prosecution, there remains a requirement that the law has been ‘set in motion by an appeal to some person clothed with judicial authority’ and service of an enforcement notice cannot, as it seems to me, suffice for this purpose. I do not see Churchill v Siggers as providing authority to the contrary.’

Judges:

Newey J

Citations:

[2016] EWHC 3048 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedCXZ v ZXC QBD 26-Jun-2020
Malicious Prosecution needs court involvement
W had made false allegations against her husband of child sex abuse to police. He sued in malicious prosecution. She applied to strike out, and he replied saying that as a developing area of law a strike out was inappropriate.
Held: The claim . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Negligence, Commercial

Updated: 07 December 2022; Ref: scu.571982

M/S Aswan Engineering Establishment Co v Lupdine Ltd: 1987

A proprietary liquid waterproofing compound called Lupguard was stacked in plastic pails in Kuwait in full sunshine. The pails collapsed and the Lupguard was lost.
Held: The manufacturers of the pails were not liable in tort: ‘The distinction between a defective product which renders the product itself less valuable, and a defective product which creates a danger to other property of the plaintiff, was the corner-stone of Lord Brandon of Oakbrook’s dissenting speech in the Junior Books case . . . . It is a distinction which is well established both in English and American law. Where the defect renders the product less valuable, the plaintiff’s remedy (if any) lies in contract. Where it creates a danger to other property of the plaintiff, the remedy (if any) lies in tort . . If Aswan had bought empty pails from a third party and then used the pails for exporting the Lupguard, clearly there would have been damage to other property of the plaintiffs. But in the present case the property in the pails and the property in the Lupguard passed to the plaintiffs simultaneously. Indeed, it is rather artificial to think of the property in the pails passing at all. Aswan were buying Lupguard in pails. They were not buying Lupguard and pails. One can think of other cases by way of illustration without difficulty. If I buy a defective tyre for my car and it bursts I can sue the manufacturer of the tyre for damage to the car as well as injury to my person. But what if the tyre was part of the original equipment? Presumably the car is other property of the plaintiff, even though the tyre was a component part of the car, and property in the tyre and property in the car passed simultaneously. Another example, perhaps even closer to the present case, would be if I buy a bottle of wine and find that the wine is undrinkable, owing to a defect in the cork. Is the wine other property, so as to enable me to bring an action against the manufacturer of the cork in tort? Suppose the electric motors in the Muirhead case [1986] QB 507 had overheated and damaged the pumps. Would the plaintiff have recovered for physical damage to the pumps as well as the lobsters?
I do not find these questions easy. There is curiously little authority on the point in England compared with America, where the law as to product liability is more highly developed. My provisional view is that in all these cases there is damage to other property of the plaintiff, so that the threshold of liability is crossed. Whether liability would be established in any particular case is, of course, another matter.
So while I recognise the existence of the first ground of distinction between the Muirhead case and the present case, and while I accept that the purchase of the pail was only incidental to the purchase of the Lupguard, I am not prepared to decide this case in favour of [the manufacturers of the pails] on that ground.’

Judges:

Lloyd LJ

Citations:

[1987] 1 All ER 135, [1987] 1 WLR 1

Jurisdiction:

England and Wales

Cited by:

CitedI v Director of Public Prosecutions etc HL 8-Mar-2001
A group of youths carried petrol bombs in public, anticipating a confrontation with another group. They did not brandish them or actually threaten anybody. On dispersal by the police the bombs were dropped. On being charged with affray it was held . .
Lists of cited by and citing cases may be incomplete.

Negligence

Updated: 06 December 2022; Ref: scu.237691

Chalk v Devizes Reclamation Company Limited: CA 24 Feb 1999

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.

Judges:

Sir Stephen Brown Lord Justice Swinton Thomas

Citations:

Times 02-Apr-1999, Gazette 24-Mar-1999, [1999] EWCA Civ 849

Jurisdiction:

England and Wales

Negligence, Health and Safety, Personal Injury

Updated: 05 December 2022; Ref: scu.145764

McShane v Burnwynd Racing Stables Ltd: SCS 5 Jun 2015

‘This case concerns an accident at the defenders’ racing stables on 25 March 2011. The pursuer was employed there by the defenders as trainer or assistant trainer. He was exercising a horse (‘Psalm 23′) on the training gallop. At the far end of the gallop, just before the third or final bend, his horse fell and landed on him. He was badly hurt. His left arm was injured and he has been left with a permanent impairment to his left side. He sues the defenders on the basis, in short, that the gallop was unsafe and that that was the cause of the fall.’

Judges:

Lord Glennie

Citations:

[2015] ScotCS CSOH – 70

Links:

Bailii

Statutes:

Work at Height Regulations 2005, Workplace (Health, Safety & Welfare) Regulations 1992

Jurisdiction:

Scotland

Health and Safety, Negligence, Personal Injury

Updated: 30 November 2022; Ref: scu.547657

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 stated and often restated that if the wrong is established the wrongdoer must take the victim as he finds him. That, however, is only true . . on the condition that the wrong has been established or admitted. The question of liability is anterior to the question of the measure of the consequences which go with the liability.’
Lord Russell of Killowen: ‘In considering whether a person owes to another a duty a breach of which will render him liable to that other in damages for negligence, it is material to consider what the defendant ought to have contemplated as a reasonable man. This consideration may play a double role. It is relevant in cases of admitted negligence (where the duty and breach are admitted) to the question of remoteness of damage, ie, to the question of compensation not to culpability, but it is also relevant in testing the existence of a duty as the foundation of the alleged negligence, ie, to the question of culpability not to compensation.’

Judges:

Lord MacMillan, Lord Wright, Lord Russell of Killowen

Citations:

[1943] AC 92, [1943] SC (HL) 78, 1943 SLT 105, [1942] UKHL 5

Links:

Bailii

Jurisdiction:

Scotland

Citing:

DisapprovedOwens v Liverpool Corporation CA 1938
Four family mourners at a funeral appealed against rejection of their claims for damages for distress caused by witnessing a collision between a negligently driven tramcar and the hearse.The incident had involved no apprehension, or sight, or sound . .

Cited by:

CitedAlcock 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 . .
CitedBritish 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 . .
CitedGiullietta Galli-Atkinson v Seghal CA 21-Mar-2003
The claimant’s daughter was fatally injured in car accident, dying shortly after. The mother came upon the scene, witnessed a police cordon at the scene of the accident and was told of her death. She later saw the injuries at the mortuary and . .
CitedKing v Phillips CA 1952
Denning LJ said: ‘there can be no doubt since Bourhill v. Young that the test of liability for shock is foreseeability of injury by shock.’ A person ‘who suffers shock on being told of an accident to a loved one cannot recover damages from the . .
CitedSalter v UB Frozen Chilled Foods OHCS 25-Jul-2003
The pursuer was involved in an accident at work, where his co-worker died. He suffered only psychiatric injury.
Held: Being directly involved, the pursuer was a primary victim, and accordingly not subject to the limits on claiming for . .
CitedSmith v Littlewoods Organisation Limited (Chief Constable, Fife Constabulary, third party); Maloco v Littlewoods Organisation Ltd HL 1987
The defendant acquired a semi derelict cinema with a view to later development of the site. A fire started by others spread to the pursuer’s adjoining property.
Held: The defendants were not liable in negligence. The intervention of a third . .
CitedAB 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.
CitedSteel 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 . .
CitedSimmons 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 . .
CitedOverseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1) PC 18-Jan-1961
Foreseeability Standard to Establish Negligence
Complaint was made that oil had been discharged into Sydney Harbour causing damage. The court differentiated damage by fire from other types of physical damage to property for the purposes of liability in tort, saying ‘We have come back to the plain . .
CitedMcKillen v Barclay Curle and Co Ltd 1967
The Lord Ordinary had awarded the pursuer damages for tuberculosis, on the basis that in the accident he had fractured a rib and this had reactivated his pre-existing tuberculosis.
Held: The pursuer had failed to prove the causal connexion . .
CitedIslington London Borough Council v University College London Hospital NHS Trust CA 16-Jun-2005
The local authority sought repayment from a negligent hospital of the cost of services it had had to provide to an injured patient. They said that the hospital had failed to advise the patient to resume taking warfarin when her operation was . .
CitedCorr 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 . .
CitedJohnston v NEI International Combustion Ltd; Rothwell v Chemical and Insulating Co Ltd; similar HL 17-Oct-2007
The claimant sought damages for the development of neural plaques, having been exposed to asbestos while working for the defendant. The presence of such plaques were symptomless, and would not themselves cause other asbestos related disease, but . .
CitedAlcock and Others v Chief Constable of South Yorkshire Police QBD 31-Jul-1990
Overcrowding at a football match lead to the deaths of 95 people. The defendant’s employees had charge of safety at the match, and admitted negligence vis-a-vis those who had died and been injured. The plaintiffs sought damages, some of them for . .
CitedAlcock and Others v Chief Constable of South Yorkshire Police CA 31-May-1991
The defendant policed a football match at which many people died. The plaintiffs, being relatives and friends of the deceased, inter alia suffered nervous shock having seen the events either from within the ground, or from outside or at home on . .
RejectedMcLoughlin v O’Brian HL 6-May-1982
The plaintiff was the mother of a child who died in an horrific accident, in which her husband and two other children were also injured. She was at home at the time of the accident, but went to the hospital immediately when she had heard what had . .
CitedLiverpool Women’s Hospital NHS Foundation Trust v Ronayne CA 17-Jun-2015
The respondent was an experienced ambulance driver. His wife underwent emergency treatment at the appellant’s hospital. He had claimed as a secondary victim for the distress he suffered witnessing her suffering.
Held: The hospital’s appeal . .
CitedWooldridge v Sumner and Another CA 4-Jun-1962
The plaintiff photographer was injured when attending a show jumping competition at the White City Stadium. A horse caught him as it passed.
Held: The defendant’s appeal against the finding of negligence succeeded: ‘a competitor or player . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages, Negligence

Updated: 25 November 2022; Ref: scu.180104

AIB Group (UK) Plc v Mark Redler and Co Solicitors: CA 8 Feb 2013

The defendant firm of solicitors had acted for the claimants under instructions to secure a first charge over the secured property. They failed to secure the discharge of the existing first charge, causing losses. AIB asserted breach of trust.
Held: The bank’s appeal failed. However, the judge was wrong to treat the breach of trust as limited to that part of the mortgage advance which was paid to the borrowers instead of being used to discharge their liability to Barclays on the second account. the solicitors had no authority to release any part of the funds advanced by the bank unless and until they had a redemption statement from Barclays coupled with an appropriate undertaking which enabled them to be sure that they would be able on completion to register the bank’s charge as a first charge over the property.
Where the breach of trust occurred in the context of a commercial transaction such as the present, Target Holdings established that equitable principles of compensation ‘although not employing precisely the same rules of causation and remoteness as the common law, do have the capacity to recognise what loss the beneficiary has actually suffered from the breach of trust and to base the compensation recoverable on a proper causal connection between the breach and the eventual loss’.
Given the law, and, on the facts, Patten LJ said: ‘If one asks as at the date of trial and with the benefit of hindsight what loss AIB has suffered then the answer is that it has enjoyed less security for its loan than would have been the case had there been no breach of trust. If [the solicitors] had obtained from Barclays a proper redemption statement, coupled with an undertaking to apply the sums specified in the statement in satisfaction of the existing mortgage, then the transaction would have proceeded to complete and AIB could have obtained a first legal mortgage over the Sondhis’ property. But although that did not happen, AIB did obtain a valid mortgage from the Sondhis which they were eventually able to register as a second charge and use to recover part of their loan from the proceeds of the security in priority to the Sondhis’ other creditors. Even had there been no such mortgage they would have been subrogated to Barclays’ first charge insofar as they discharged part of the Sondhis’ indebtedness by the payment of the andpound;1.2m. In my view all of these are matters to be taken into account in considering what loss has ultimately been caused by the solicitors’ breach of trust. In the light of the judge’s findings it is not open to AIB to contend that but for the breach of trust it simply would have asked for its money back.’

Judges:

Arden, Sullivan and Patten LJJ

Citations:

[2013] EWCA Civ 45

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal fromAIB Group (UK) Plc v Mark Redler and Co (A Firm) ChD 23-Jan-2012
The claimant bank sought damages from the defendant solicitors, saying that they had paid on mortgage advance moneys but failed to deliver as promised and required, a first mortgage over the property purchased. The solicitors had failed to discharge . .
CitedTarget Holdings Ltd v Redferns (A Firm) and Another HL 21-Jul-1995
The defendant solicitors had acted for a purchaser, Crowngate, which had agreed to buy a property from a company called Mirage for andpound;775,000. Crowngate had arranged however that the property would first be passed through a chain of two . .

Cited by:

At CAAIB Group (UK) Plc v Mark Redler and Co Solicitors SC 5-Nov-2014
Bank not to recover more than its losses
The court was asked as to the remedy available to the appellant bank against the respondent, a firm of solicitors, for breach of the solicitors’ custodial duties in respect of money entrusted to them for the purpose of completing a loan which was to . .
Lists of cited by and citing cases may be incomplete.

Negligence, Equity, Damages

Updated: 14 November 2022; Ref: scu.470899

Capital and Counties Plc v Hampshire County Council: CA 14 Mar 1997

Consolidation of cases involving question of what duty was owed by a fire service to the owners of buildings.
Whether and if so in what circumstances a fire brigade owes a duty of care to the owner or occupier of premises which are damaged or destroyed by fire.

Judges:

Stuart-Smith, Potter, Judge LJ

Citations:

[1997] EWCA Civ 1247, [1997] QB 1004, [1997] EWCA Civ 3091, [1997] 2 LLR 161, [1997] 2 All ER 865, [1997] 3 WLR 331

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See AlsoChurch of Jesus Christ Latter-Day Saints v West Yorkshire Fire and Civil Defence and John Munroe (Acrylics) Ltd v London Fire and Civil Defence Authority and others and Digital Equipment Company Ltd v Hampshire County Council and Capital and Counties etc CA 17-Dec-1996
The court made orders for the orderly hearing of the cases which raised interdependent issues. . .

Cited by:

CitedAn Informer v A Chief Constable CA 29-Feb-2012
The claimant appealed against dismissal of his claim for damages against the police. He had provided them with information, but he said that they had acted negligently and in breach of contract causing him financial loss. The officer handling his . .
Lists of cited by and citing cases may be incomplete.

Negligence

Updated: 06 November 2022; Ref: scu.276278

Dolby v Milner: CA 1996

Russell LJ said: ‘It is to be observed that at no stage in the judgment does the judge refer to and emphasise, as in my judgment he should have done, the fact that the plaintiff here was emerging from a minor road onto a major road, and was consequently under a continuing obligation to give way to traffic on the major road.’

Judges:

Russell LJ

Citations:

[1996] 2 CLY 4430

Jurisdiction:

England and Wales

Cited by:

CitedHeaton v Herzog CA 13-Nov-2008
The court considered an accident caused when a motorcyclist, travelling at excessive speed along a main road, collided with a car that emerged from a side road. The driver of the car had not looked right as she moved out of the side road.
CitedArmsden v Kent Police CA 26-Jun-2009
The claimants sought damages as personal representatives after the deceased died when her car was hit by a police car responding to an emergency call. The defendant appealed a finding of negligence.
Held: The appeal succeeded. The judge had . .
Lists of cited by and citing cases may be incomplete.

Negligence

Updated: 27 October 2022; Ref: scu.377549

Ancell v McDermott: CA 29 Jan 1993

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.

Judges:

Beldam LJ

Citations:

[1993] EWCA Civ 20, [1993] 4 All ER 355

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedWelton, Welton v North Cornwall District Council CA 17-Jul-1996
The defendant authority appealed a finding that it was liable in negligence from the conduct of one of its environmental health officers. The plaintiff had set out to refurbish and open a restaurant. He said the officer gave him a list of things he . .
CitedWelton, Welton v North Cornwall District Council CA 17-Jul-1996
The defendant authority appealed a finding that it was liable in negligence from the conduct of one of its environmental health officers. The plaintiff had set out to refurbish and open a restaurant. He said the officer gave him a list of things he . .
CitedHertfordshire 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 . .
CitedHertfordshire 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 . .
Lists of cited by and citing cases may be incomplete.

Negligence, Police

Updated: 27 October 2022; Ref: scu.262593

McFarlane v E E Caledonia Ltd: CA 10 Sep 1993

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.

Judges:

Stuart-Smith LJ

Citations:

Independent 10-Sep-1993, Times 30-Sep-1993, [1994] 2 All ER 1

Jurisdiction:

England and Wales

Citing:

See AlsoMcFarlane v E E Caledonia Ltd QBD 8-Dec-1994
The court can order a champertous non-party to pay a successful defendant’s costs of defending the claim.
A non-party unlawfully supporting an action was ordered to pay the costs of the defendant.
Held: It may not be necessary to every . .

Cited by:

CitedWhite, Frost and others v Chief Constable of South Yorkshire and others HL 3-Dec-1998
No damages for Psychiatric Harm Alone
The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy.
Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the . .
CitedDonachie v The Chief Constable of the Greater Manchester Police CA 7-Apr-2004
The claimant had been asked to work under cover. The surveillance equipment he was asked to use was faulty, requiring him to put himself at risk repeatedly to maintain it resulting in a stress disorder and a stroke.
Held: There was a direct . .
See AlsoMcFarlane v E E Caledonia Ltd QBD 8-Dec-1994
The court can order a champertous non-party to pay a successful defendant’s costs of defending the claim.
A non-party unlawfully supporting an action was ordered to pay the costs of the defendant.
Held: It may not be necessary to every . .
Lists of cited by and citing cases may be incomplete.

Negligence

Updated: 26 October 2022; Ref: scu.83529

M and Another v Newham London Borough Council and Others; X (Minors) v Bedfordshire County Council: CA 24 Feb 1994

A local authority was not liable in damages for breach of a statutory duty in Social Services. The policy which has first claim on the loyalty of the law is that wrongs should be remedied. The court would not go so far as to hold that the education authorities owed the plaintiffs a duty of care, it was equally not willing to say that the claims were ‘unarguable or almost incontestably bad’ and ‘If a plaintiff can show (1) that the adverse consequences of his congenital defect could have been mitigated by early diagnosis of the defect and appropriate treatment or educational provision; (2) that the adverse consequences of his congenital defect were not mitigated because early diagnosis was not made, or appropriate treatment not given or provision not made, with resulting detriment to his level of educational attainment and employability; and (3) that this damage is not too remote, I do not regard the claim for damage to be necessarily bad.’
Sir Thomas Bingham MR (dissenting): ‘It would require very potent considerations of public policy which do not in my view exist here, to override the rule of public policy which has first claim on the loyalty of the law: that wrongs should be remedied.’

Judges:

Sir Thomas Bingham MR, Evans LJ

Citations:

Independent 24-Feb-1994, Times 03-Mar-1994, [1995] 2 AC 633

Jurisdiction:

England and Wales

Citing:

Appeal fromX (Minors) v Bedfordshire County Council QBD 24-Nov-1993
A local authority has no duty of care in negligence as to the education of children beyond its statutory obligations to children in its care. . .

Cited by:

Appeal fromX (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 . .
CitedAdams v Bracknell Forest Borough Council HL 17-Jun-2004
A attended the defendant’s schools between 1977 and 1988. He had always experienced difficulties with reading and writing and as an adult found those difficulties to be an impediment in his employment. He believed them to be the cause of the . .
CitedHolland v Lampen-Wolfe HL 20-Jul-2000
The US established a base at Menwith Hill in Yorkshire, and provided educational services through its staff to staff families. The claimant a teacher employed at the base alleged that a report on her was defamatory. The defendant relied on state . .
Lists of cited by and citing cases may be incomplete.

Local Government, Negligence

Updated: 26 October 2022; Ref: scu.83253

Martine v South East Kent Health Authority: CA 22 Mar 1993

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.’

Judges:

Dillon LJ, Leggatt LJ

Citations:

Ind Summary 22-Mar-1993, (1993) 20 BMLR 51, Times 08-Mar-1993

Statutes:

Registered Homes Act 1984 30

Jurisdiction:

England and Wales

Cited by:

CitedJain 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 . .
CitedBowden and Another v Lancashire County Council CA 16-Apr-2002
The claimant had succeeded in her appeal against the cancellation of her registration as a child minder, and now sought damages for negligence in using unnecessarily the emergency procedure leading to damage to the claimant’s reputation and . .
CitedTrent Strategic Health Authority v Jain and Another HL 21-Jan-2009
The claimants’ nursing home business had been effectively destroyed by the actions of the Authority which had applied to revoke their licence without them being given notice and opportunity to reply. They succeeded on appeal, but the business was by . .
Lists of cited by and citing cases may be incomplete.

Negligence, Licensing, Health Professions

Updated: 26 October 2022; Ref: scu.83452

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 benign. The patient knew very soon after the operation that the lump was benign but did not know until 1988 that that meant her breast need not have been removed. She began proceedings for negligence in 1989.
Held: Time began to run from the date of knowledge of the cause of an injury, not the date when the claimant knew that the cause was tortious. Sir Thomas Bingham MR considered the test of knowledge: ‘This test is not in my judgment hard to apply. It involves ascertaining the personal injury on which the claim is founded and asking when the claimant knew of it. In the case of an insidious disease or a delayed result of a surgical mishap, this knowledge may come well after the suffering of the disease or the performance of the surgery. But more usually the claimant knows that he has suffered personal injury as soon or almost as soon as he does so’. ‘The word ‘attributable’ in section 14(1) (b) does not mean ’caused by’. It merely means ‘capable of being attributed”.
Sir Thomas Bingham MR said: ‘The personal injury on which the plaintiff seeks to found her claim is the removal of her breast and the psychological and physical harm which followed. She knew of this injury within hours, days or months of the operation and she at all times reasonably considered it to be significant. She knew from the beginning that this injury was capable of being attributed to, or more bluntly was the clear and direct result of, an act or omission of the health authority. What she did not appreciate until later was that the health authority’s act or omission was (arguably) negligent or blameworthy. But her want of that knowledge did not stop time beginning to run.’
As to the meaning of ‘significant injury’: ‘The requirement that the injury of which a plaintiff has knowledge should be ‘significant’ is in my view directed solely to the quantum of the injury and not to the plaintiff’s evaluation of its cause, nature or usualness. Time does not run against a plaintiff, even if he is aware of the injury, if he would reasonably have considered it insufficiently serious to justify proceedings against an acquiescent and credit-worthy defendant, if (in other words) he would reasonably have accepted it as a fact of life or not worth bothering about. It is otherwise if the injury is reasonably to be considered as sufficiently serious within the statutory definition: time then runs (subject to the requirement of attributability) even if the plaintiff believes the injury to be normal or properly caused.’

Judges:

Sir Thomas Bingham MR, Steyn LJ

Citations:

Ind Summary 06-Jun-1994, Times 18-May-1994, [1994] 1 WLR 1234, 1994 5 MEDLR 160, [1994] EWCA Civ 13, [1994] 4 All ER 450, [1994] PIQR 353

Links:

Bailii

Statutes:

Limitation Act 1980 11(4)(b) 14(1)(b)

Jurisdiction:

England and Wales

Citing:

CitedHalford v Brookes CA 1991
The plaintiff, the mother and administratrix of the estate of a 16 year old girl, alleged that her daughter had been murdered by one or both of the Defendants. The claim was for damages for battery. Rougier J at first instance had decided that: . .

Cited by:

CitedRowbottom v Royal Masonic Hospital CA 12-Feb-2002
The claimant sought damages for the negligent failure to administer antibiotics. Earlier proceedings had been discontinued, and the hospital resisted subsequent proceedings, claiming them to be time-barred. The claimant asserted that he knew of the . .
CitedO’Driscoll v Dudley Health Authority CA 30-Apr-1998
The plaintiff sought damages for the negligence of the respondent in her care at birth. Years later the family concluded that her condition was a result of negligence. They waited until she was 21, when they mistakenly believed that she became an . .
CitedRoberts vWinbow (3) CA 4-Dec-1998
The plaintiff was treated for depression by the defendant by prescription of drugs. She sufferred a reaction, but now claimed that the doctor’s slow reaction caused her to suffer lasting injury. The question on appeal was, if a plaintiff suffers . .
CitedHaward and others v Fawcetts HL 1-Mar-2006
The claimant sought damages from his accountants, claiming negligence. The accountants pleaded limitation. They had advised him in connection with an investment in a company which investment went wrong.
Held: It was argued that the limitation . .
CitedKR and others v Bryn Alyn Community (Holdings) Ltd and Another CA 10-Jun-2003
The court considered an extension of the time for claiming damages for personal injuries after the claimants said they had been sexually abused as children in the care of the defendants.
Held: The test to be applied under section 14(2) was . .
CitedMcCoubrey v Ministry of Defence CA 24-Jan-2007
The defendant appealed a decision allowing a claim to proceed more than ten years after it had been suffered. The claimant’s hearing had been damaged after an officer threw a thunderflash into his trench on an exercise.
Held: The defendant’s . .
CitedPierce 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 . .
Lists of cited by and citing cases may be incomplete.

Limitation, Negligence

Updated: 26 October 2022; Ref: scu.80075

Barclays Bank Plc v Fairclough Building Ltd: CA 11 May 1994

Contributory negligence is no defence to a claim which was made out strictly in contract only.

Citations:

Gazette 29-Jun-1994, Times 11-May-1994, [1994] EWCA Civ 3, [1995] QB 214, [1995] 1 All ER 289, [1994] 3 WLR 1057

Links:

Bailii

Statutes:

Law Reform (Contributory Negligence) Act 1945 1(1), 4

Jurisdiction:

England and Wales

Citing:

See alsoBarclays Bank Plc v Fairclough Building Ltd (No 2) CA 15-Feb-1995
Contractors taking on building work should be assumed to have taken account of the possible presence of asbestos when quoting for the work. . .

Cited by:

See alsoBarclays Bank Plc v Fairclough Building Ltd (No 2) CA 15-Feb-1995
Contractors taking on building work should be assumed to have taken account of the possible presence of asbestos when quoting for the work. . .
Lists of cited by and citing cases may be incomplete.

Contract, Negligence

Updated: 26 October 2022; Ref: scu.78202

Morran v Waddell: SCS 24 Oct 1883

Inner House First Division. – Reparation – Culpa – Railway – Private Line of Railway – Obligation to Fence – Contributory Negligence.

Citations:

(1883) 11 R 44, [1883] SLR 21 – 28, [1883] SLR 21

Links:

Bailii

Jurisdiction:

Scotland

Cited by:

CitedBritish 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.

Transport, Negligence

Updated: 24 October 2022; Ref: scu.182842

Waters v Commissioner of Police for Metropolis: CA 3 Jul 1997

Citations:

[1997] EWCA Civ 2012

Jurisdiction:

England and Wales

Citing:

Appeal fromWaters v Commissioner of Police of Metropolis EAT 17-Nov-1994
. .

Cited by:

Appeal fromWaters v Commissioner of Police for the Metropolis HL 27-Jul-2000
A policewoman, having made a complaint of serious sexual assault against a fellow officer complained again that the Commissioner had failed to protect her against retaliatory assaults. Her claim was struck out, but restored on appeal.
Held: . .
Lists of cited by and citing cases may be incomplete.

Police, Discrimination, Negligence

Updated: 19 October 2022; Ref: scu.142409

Greene v Chelsea Borough Council: CA 1954

Lord Denning MR said: ‘Knowledge or notice of the danger is only a defence when the plaintiff is free to act upon that knowledge or notice so as to avoid the danger’.

Judges:

Lord Denning MR

Citations:

[1954] 2 QBD 127

Jurisdiction:

England and Wales

Cited by:

CitedRoles v Nathan CA 15-May-1963
Two chimney sweeps were overcome by fumes, and died in the basement of the Manchester Assembly Rooms. Whilst occupied working in flues (against advice), a boiler had been lit.
Held: (Majority – Pearson LJ dissenting) The land-owner’s appeal . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Land, Negligence

Updated: 07 October 2022; Ref: scu.568158

Harris v Perry and others: QBD 8 May 2008

The claimant was a child. He was at a friend’s birthday party when he was severely injured on a bouncy castle. He was ten years old and another child who was fifteen. The unit was unsupervised. The parents denied that the claimant had been given permission to go on the castle.
Held: The parents who organised the party were liable in negligence. The hire company had advised them both to supervise the equipment and to avoid the kind of behavior which had caused the accident.

Judges:

David Steel J

Citations:

[2008] EWHC 990 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal fromPerry and Another v Harris (A Minor) CA 31-Jul-2008
The defendant had organised a children’s party. The claimant (11) was injured when a bigger boy was allowed to use the bouncy castle at the same time. The defendants appealed the award of damages.
Held: The appeal succeeded. The relevant . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Negligence

Updated: 16 September 2022; Ref: scu.267562

Morris v C W Martin and Sons Ltd: CA 1965

The plaintiff took her mink stole to the defendants for cleaning. An employee received and stole the fur. The judge had held that the defendants were not liable because the theft was not committed in the course of employment.
Held: The defendants were liable. Bailment includes as an element an assumption of responsibility by the bailee to keep the goods safe, that is to say to take reasonable care of the goods. In a bailment for reward the duty was non-delegable.
The employee had converted the fur in the course of his employment. Though the authorities were not straightforward, he had not commiteed the act while ‘on a frolic of his own’.
Diplock LJ said: ‘If the principle laid down in Lloyd v Grace, Smith and Co [1912] AC 716 is applied to the facts of the present case, the defendants cannot in my view escape liability for the conversion of the plaintiff’s fur by their servant Morrissey. They accepted the fur as bailees for reward in order to clean it. They put Morrissey as their agent in their place to clean the fur and to take charge of it while doing so. The manner in which he conducted himself in doing that work was to convert it. What he was doing, albeit dishonestly, he was doing in the scope or course of his employment in the technical sense of that infelicitous but time-honoured phrase. The defendants as his masters are responsible for his tortious act.’ and
‘ If the bailee in the present case had been a natural person and had converted the plaintiff’s fur by stealing it himself, no one would have argued that he was not liable to her for its loss. But the defendant bailees are a corporate person. They could not perform their duties to the plaintiffs to take reasonable care of the fur and not to convert it otherwise than vicariously by natural persons acting as their servants or agents. It was one of their servants to whom they had entrusted the care and custody of the fur for the purpose of doing work upon it who converted it by stealing it. Why should they not be vicariously liable for this breach of their duty by the vicar whom they had chosen to perform it? . . ‘ and
‘ . . Nor are we concerned with what would have been the liability of the defendants if the fur had been stolen by another servant of theirs who was not employed by them to clean the fur or to have the care and custody of it. The mere fact that his employment by the defendants gave him the opportunity to steal it would not suffice . . .. I base my decision in this case on the ground that the fur was stolen by the very servant whom the defendants as bailees for reward had employed to take care of it and clean it.’
Salmon LJ said: ‘the defendants are liable for what amounted to negligence and conversion by their servant in the course of his employment’. He emphasised the importance of the thief being the servant through whom the defendants had chosen to discharge their duty to take reasonable care of the fur.’ A bailee for reward is not answerable for a theft by any of his servants but only for a theft by such of them as are deputed by him to discharge some part of his duty of taking reasonable care . . So in this case, if someone employed by the defendants in another depot had broken in and stolen the fur, the defendants would not have been liable. Similarly . . if a clerk employed in the same depot had seized the opportunity of entering the room where the fur was kept and had stolen it, the defendants would not have been liable . .’
Lord Denning said: ‘Once a man has taken charge of goods as a bailee for reward, it is his duty to take reasonable care to keep them safe: and he cannot escape that duty by delegating it to his servant. If the goods are lost or damaged, whilst they are in his possession, he is liable unless he can show – and the burden is on him to show – that the loss or damage occurred without any neglect or default or misconduct of himself or of any of the servants to whom he delegated his duty.’

Judges:

Diplock LJ, Salmon LJ, Lord Denning MR

Citations:

[1966] 1 QB 716, [1965] 3 WLR 276, [1965] 2 Lloyds Rep 63, [1965] 2 All ER 725

Jurisdiction:

England and Wales

Citing:

CitedLloyd v Grace, Smith and Co HL 1912
Mrs Lloyd delivered the title deeds of her cottages at Ellesmere Port to the solicitors’ managing clerk, who defrauded her.
Held: Vicarious liability can extend to fraudulent acts or omissions if those were carried out in the course of the . .
No longer good lawCheshire v Bailey CA 1905
A silversmith hired a coach and coachman from the defendants in order to show his wares to customers around London. But the coachman entered into a conspiracy with others to steal the silver. Held The Court dismissed the claim for damages against . .

Cited by:

CitedDubai Aluminium Company Limited v Salaam and Others HL 5-Dec-2002
Partners Liable for Dishonest Act of Solicitor
A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners.
Held: The acts complained of were so close to . .
CitedFrans Maas (Uk) Ltd v Samsung Electronics (Uk) Ltd ComC 30-Jun-2004
A large volume of mobile phones were stolen from a warehouse. The owner claimed damages from the bailee. The defendant said that standard terms applied limiting their responsibility to value calculated by weight.
Held: There was a bailment . .
CitedLister and Others v Hesley Hall Ltd HL 3-May-2001
A school board employed staff to manage a residential school for vulnerable children. The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers.
Held: ‘Vicarious liability is legal . .
ApprovedPort Swettenham Authority v T W Wu and Co (M) Sdn Bhd PC 19-Jun-1978
A gratuitous bailee assumes a duty to take reasonable care of the chattel: ‘This standard, although high, may be a less exacting standard than that which the common law requires of a bailee for reward [but] the line between the two standards is a . .
ExplainedPhoto Production Ltd v Securicor Transport Ltd HL 14-Feb-1980
Interpretation of Exclusion Clauses
The plaintiffs had contracted with the defendants for the provision of a night patrol service for their factory. The perils the parties had in mind were fire and theft. A patrol man deliberately lit a fire which burned down the factory. It was an . .
ApprovedGilchrist Watt and Sanderson Pty Ltd v York Products Pty Ltd PC 1970
(New South Wales – Australia) The defendants were stevedores who had lost two cases of clocks that they had received as sub-bailees of the shipowners, who in turn owed a duty to deliver them to the plaintiffs under the bills of lading.
Held: . .
CitedMattis v Pollock (T/A Flamingo’s Nightclub) QBD 24-Oct-2002
The claimant sought damages after being assaulted by a doorman employed by the defendant.
Held: The responsibility of the nightclub owner for the actions of his aggressive doorman was not extinguished by the separation in time and place from . .
CitedThe Catholic Child Welfare Society and Others v Various Claimants and The Institute of The Brothers of The Christian Schools and Others SC 21-Nov-2012
Law of vicarious liability is on the move
Former children at the children’s homes had sought damages for sexual and physical abuse. The court heard arguments as to the vicarious liability of the Society for abuse caused by a parish priest visiting the school. The Court of Appeal had found . .
CitedArmes v Nottinghamshire County Council SC 18-Oct-2017
The claimant had been abused as a child by foster parents with whom she had been placed by the respondent authority. The court was now asked, the Council not having been negligent, were they in any event liable having a non-delegable duty of care . .
Lists of cited by and citing cases may be incomplete.

Vicarious Liability, Negligence, Agency

Updated: 16 September 2022; Ref: scu.214665

B v Islington Health Authority; De Martell v Merton and Sutton Health Authority: CA 6 May 1992

A doctor’s duty of care to an unborn child is an established duty in common law despite some cases apparently to the contrary. Phillips J: ‘The duty in the law of negligence is not a duty to exercise reasonable care to avoid risk of causing injury. It is the duty not to cause injury by want of reasonable care.’

Judges:

Phillips J

Citations:

Gazette 06-May-1992, [1993] QB 204

Jurisdiction:

England and Wales

Cited by:

CitedHamilton v Fife Health Board 1993
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 . .
CitedMcTear 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: 20 August 2022; Ref: scu.78060

Hardy v Central London Railway Co: CA 1920

Citations:

[1920] 3 KB 459

Jurisdiction:

England and Wales

Cited by:

CitedBritish 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.

Negligence

Updated: 20 August 2022; Ref: scu.181269

Morrison Sports Ltd and Others v Scottish Power: SCS 8 Dec 2009

(Inner House)

Judges:

Lady Paton, Lady Dorrian and Lord McEwan)

Citations:

[2009] ScotCS CSIH – 92

Links:

Bailii

Jurisdiction:

Scotland

Citing:

At Outer HouseMorrison Sports Ltd and others v Scottish Power Plc and others OHCS 18-Jul-2007
. .

Cited by:

At Inner HouseMorrison 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 August 2022; Ref: scu.383808

Toropdar v D: QBD 2 Oct 2009

Judges:

Christopher Clarke J

Citations:

[2009] EWHC 2997 (QB)

Links:

Bailii

Statutes:

Law Reform (Contributory Negligence) Act 1945 1(1)

Jurisdiction:

England and Wales

Citing:

Principal judgmentToropdar 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 . .
CitedLunt v Khelifa CA 22-May-2002
The claimant pedestrian had been injured when hit by a car driven by the defendant as she stepped into the roadway. Both parties appealed against the assessment of contributory negligence. The claimant had a blood alcohol level three times that . .

Cited by:

CitedStoddart v Perucca CA 1-Mar-2011
The claimant was injured crossing a road when approached by the defendant’s campervan. The judge had taken avccount of another driver who said that he had slowed down anticipating the emergence of a second horse and rider (the claimant), but the . .
Lists of cited by and citing cases may be incomplete.

Negligence

Updated: 07 August 2022; Ref: scu.381699

Papera Traders Co Ltd and Others v Hyundai Merchant Marine Co Ltd and Another: ComC 18 Oct 2002

Citations:

[2002] EWHC 2130 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See AlsoPapera Traders Co Ltd and others v Hyundai Merchant Marine Co Ltd and Another ComC 7-Feb-2002
. .
See AlsoPapera Traders Co Limited and others v Hyundai Merchant Marine Co Limited, The Keihin Co Limited QBD 7-Feb-2002
A fire destroyed the ‘Eurasian Dream’ while in port. It was carrying cars, a fire in which got out of control. It was claimed that the ship managers had been negligent. The bill of lading contracts in the present case incorporated either the Hague . .
Lists of cited by and citing cases may be incomplete.

Negligence

Updated: 07 August 2022; Ref: scu.381605

Armes v Nottinghamshire County Council: SC 18 Oct 2017

The claimant had been abused as a child by foster parents with whom she had been placed by the respondent authority. The court was now asked, the Council not having been negligent, were they in any event liable having a non-delegable duty of care with accompanying vicarious liability?
Held: The appeal succeeded (Lord Hughes dissenting). The local authority was vicariously liable for the torts committed by the foster parents in this case. However, the proposition that a local authority is under a duty to ensure that reasonable care is taken for the safety of children in care, while they are in the care and control of foster parents, is too broad, and that the responsibility with which it fixes local authorities is too demanding.

Judges:

Lady Hale, Lord Kerr, Lord Clarke, Lord Reed, Lord Hughes

Citations:

[2017] UKSC 60, [2018] PIQR P4, [2017] PTSR 1382, [2018] AC 355, [2017] 3 WLR 1000, [2018] 1 FLR 329, (2017) 20 CCL Rep 417, [2018] 1 All ER 1, UKSC 2016/0004

Links:

Bailii, Bailii Summary, SC, SC Summary, SC Summary Video, SC Video 20170208 am, SC Video 20170208 pm, SC Video 20170209 pm, SC Video 20170209 am

Statutes:

Children and Young Persons Act 1969, Child Care Act 1980, Boarding-Out of Children Regulations 1955

Jurisdiction:

England and Wales

Citing:

CitedCaparo 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 . .
CitedKLB v British Columbia 2-Oct-2003
Canlii (Supreme Court of Canada) Torts – Liability – Intentional torts – Abuse of children by foster parents – Whether government can be held liable for harm children suffered in foster care – Whether government . .
CitedThe Catholic Child Welfare Society and Others v Various Claimants and The Institute of The Brothers of The Christian Schools and Others SC 21-Nov-2012
Law of vicarious liability is on the move
Former children at the children’s homes had sought damages for sexual and physical abuse. The court heard arguments as to the vicarious liability of the Society for abuse caused by a parish priest visiting the school. The Court of Appeal had found . .
CitedWoodland v Essex County Council SC 23-Oct-2013
The claimant had been seriously injured in an accident during a swimming lesson. She sought to claim against the local authority, and now appealed against a finding that it was not responsible, having contracted out the provision of swimming . .
Appeal fromNA v Nottinghamshire County Council QBD 2-Dec-2014
The claimant said that as a child the defendant had failed in its duty to protect her from her abusive mother and later from foster parents.
Held: Males J, dealt with the issues of liability and limitation, leaving issues concerning causation . .
At CANA v Nottinghamshire County Council CA 12-Nov-2015
Appeal against finding that a local authority was not responsible for the sexual abuse of the appellant whilst with foster carers as a child.
Held: As to whether the duty as non-delegable, such a duty must relate to a function which the local . .
Removal of AnonymityArmes v Nottinghamshire County Council QBD 15-Nov-2016
Application to set aside anonymity order granted in earlier proceedings alleging sexual abuse. . .
CitedNew South Wales v Lepore 6-Feb-2003
Austlii (High Court of Australia) 1. Appeal allowed in part
2. Paragraph 2 of the order of the Court of Appeal of New South Wales made on 23 April 2001 set aside, and in its place, order that the judgment . .
CitedCox v Ministry of Justice SC 2-Mar-2016
The claimant was working in a prison supervising working prisoners. One of them dropped a bag of rice on her causing injury. At the County Curt, the prisoner was found negligence in the prisoner, but not the appellant for vicarious liability. The . .
CitedS v Walsall Metropolitan Borough Council CA 1985
The court was asked whether local authorities are vicariously liable for torts committed by foster parents against children placed with them while in care.
Held: The claim was rejected. The critical question was whether the foster parents were . .
CitedCarmarthenshire County Council v Lewis HL 17-Feb-1955
The House considered the unexplained fact that in the temporary absence of the teacher (who, on the evidence, was not negligent) it was possible for a child of four to wander from the school premises onto the highway, through a gate which was either . .
CitedPerry and Another v Harris (A Minor) CA 31-Jul-2008
The defendant had organised a children’s party. The claimant (11) was injured when a bigger boy was allowed to use the bouncy castle at the same time. The defendants appealed the award of damages.
Held: The appeal succeeded. The relevant . .
CitedMorris v C W Martin and Sons Ltd CA 1965
The plaintiff took her mink stole to the defendants for cleaning. An employee received and stole the fur. The judge had held that the defendants were not liable because the theft was not committed in the course of employment.
Held: The . .
CitedPort Swettenham Authority v T W Wu and Co (M) Sdn Bhd PC 19-Jun-1978
A gratuitous bailee assumes a duty to take reasonable care of the chattel: ‘This standard, although high, may be a less exacting standard than that which the common law requires of a bailee for reward [but] the line between the two standards is a . .
CitedMyton v Woods CA 1980
A claim was made against a local education authority for the negligence of a taxi firm employed by the authority to drive children to and from school.
Held: The claim failed. The authority had no statutory duty to transport children, but only . .
CitedSurtees v Royal Borough of Kingston upon Thames CA 27-Mar-1991
Because children can injure themselves in so many ways, someone caring for them is not universally liable for injury to a child in their care.
A duty owed in respect of a parent’s own child may be lower. . .
CitedJGE v The English Province of Our Lady of Charity and Another QBD 8-Nov-2011
The court was asked as a preliminary issue who should be the defendant where a claim was made of rape and other assaults by a priest who was a member of the diocese of the second defendant, but employed by the first defendant school. . .
CitedBarrett 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.
CitedLister and Others v Hesley Hall Ltd HL 3-May-2001
A school board employed staff to manage a residential school for vulnerable children. The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers.
Held: ‘Vicarious liability is legal . .

Cited by:

CitedBarclays Bank Plc v Various Claimants SC 1-Apr-2020
The Bank had employed a doctor to provide medical assessments as necessary. The doctor had used the opportunities presented to assault sexually many patients. The court was now asked whether the Bank was vicariously liable for the acts of this . .
Lists of cited by and citing cases may be incomplete.

Vicarious Liability, Local Government, Negligence, Children

Updated: 07 August 2022; Ref: scu.597257

Silverlink Trains Ltd v Collins-Williamson: CA 31 Jul 2009

Judges:

Pill LJ, Hooper LJ, Wilson LJ

Citations:

[2009] EWCA Civ 850

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedMorris v West Hartlepool Steam Navigation HL 1956
The ship had followed a practice of leaving the between deck hatch covers off in the absence of a guard rail around the hatchway. The plaintiff seaman fell into the hold. There was evidence that on this ship it was quite usual for men to be sent . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Negligence

Updated: 30 July 2022; Ref: scu.368604

Palmer v Cornwall County Council: CA 21 May 2009

The claimant sought damages in negligence against his school when he was hit in the eye by a stone thrown by another pupil at a seagull. The pupil now appealed. The judge had been criticised for providing inadequate supervision.
Held: The appeal succeeded: ‘First, to have one dinner lady supervisor who would be stretched to supervise over 150 pupils in years 7 and 8, only glancing occasionally at years 9 and 10, was in my view clearly negligent. Second, since the purpose of appropriate supervision is to deter children taking part in dangerous activities, as well as to stop dangerous activities if they do occur, a court should not be too ready to accept that the dangerous activity would have happened anyway. Third, where as here the recorder found witnesses called by the appellant were telling the truth, there was no reason not to accept their evidence that if a supervisor had been near they would not have thrown stones because they knew that stone throwing was prohibited.’

Citations:

[2009] EWCA Civ 456

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury, Negligence, Education

Updated: 26 July 2022; Ref: scu.346226

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:

CitedMacFarlane 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 . .
CitedRegina 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 . .
CitedRegina 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 . .
CitedDobson 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 . .
CitedPollok 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. . .
CitedRegina 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 . .
CitedRegina 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. . .
CitedRegina 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. . .
CitedClarke 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. . .
CitedHughes v Robertson 1930
The widow sought damages for an unauthorised autopsy carried out upon the body of her late husband. . .
CitedDoodeward 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 . .
CitedWilkinson 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 . .
CitedWainwright 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 . .
CitedEdmunds 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 . .
CitedX (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 . .
CitedPowell 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 . .
CitedMcLoughlin 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 . .
CitedCaparo 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 . .
CitedAlcock 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 . .
CitedJD, 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 . .
CitedPage 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 . .
CitedBourhill 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 . .
CitedHucks 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 . .
CitedSutherland 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 . .
CitedSidaway 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 . .
CitedW 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 . .
CitedBolitho 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 . .
CitedA 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: . .
CitedBolton 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 . .
CitedWalker 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

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 fromBanque 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 instanceSouth 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 . .
CitedBPE 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

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:

CitedKennedy 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

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:

CitedRhesa 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 . .
CitedIde 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 . .
CitedDatec 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 . .
CitedLa 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 . .
CitedKiani 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 . .
CitedGravil 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

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

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

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

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:

CitedD 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

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

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 HouseMorrison Sports Ltd and Others v Scottish Power SCS 8-Dec-2009
(Inner House) . .
At Outer HouseMorrison 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

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:

CitedMcArdle 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 . .
CitedBottomley 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 . .
CitedMakepeace 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 . .
CitedFerguson 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. . .
CitedS 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

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

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:

CitedClay 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 . .
CitedMccook 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) . .
CitedFerguson 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. . .
CitedMcArdle v Andmac Roofing Co 1967
. .
CitedSmith 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 . .
CitedMccook 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

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 AlsoJP 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 AlsoJP 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 AlsoJP Morgan Chase Bank and others v Springwell Navigation Corporation ComC 3-Nov-2006
. .
See AlsoJP 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 AlsoJP Morgan Chase Bank and others v Springwell Navigation Corporation and others ComC 25-Jul-2008
. .
See AlsoJP Morgan Chase Bank and others v Springwell Navigation Corp ComC 21-Nov-2008
. .
See AlsoJP 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 AlsoSpringwell 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

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

Islington London Borough Council v University College London Hospital NHS Trust: CA 16 Jun 2005

The local authority sought repayment from a negligent hospital of the cost of services it had had to provide to an injured patient. They said that the hospital had failed to advise the patient to resume taking warfarin when her operation was postponed, with the result that she suffered a stroke, which rendered her incapable of looking after herself and required institutional care funded by her local authority. They said that the duty owed by the Trust was a duty not to treat or fail to treat the patient in such a way that she would foreseeably suffer injury, which would cause financial loss to the council in the provision and the care it was obliged to provide.
Held: The claim failed. Though the loss was reasonably foreseeable, but (by a majority) there was not a sufficient degree of proximity between the parties to found the duty of care and it was not fair, just and reasonable to impose such a duty on the Trust.
Buxton LJ said on the issue of reasonable foreseeability: ‘The level of certainty required for an outcome to be deemed, after the event, to have been foreseeable is to a large extent a matter of impression.’

Judges:

Buxton LJ, Clarke LJ, Ouseley J

Citations:

[2005] EWCA Civ 596, Times 28-Jun-2005

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedBourhill 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 . .
CitedJolley v Sutton London Borough Council HL 24-May-2000
An abandoned boat had been left on its land and not removed by the council. Children tried to repair it, jacked it up, and a child was injured when it fell. It was argued for the boy, who now appealed dismissal of his claim by the Court of Appeal, . .
CitedCaparo 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 by:

CitedWest Bromwich Albion Football Club Ltd v El-Safty QBD 14-Dec-2005
The claimant sought damages from the defendant surgeon alleging negligent care of a footballer. The defendant argued that he had no duty to the club as employer of his patient who was being treated through his BUPA membership. It would have created . .
CitedHone 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, Damages

Updated: 30 June 2022; Ref: scu.226311

DN (By her Father and Litigation Friend RN) v London Borough of Greenwich: CA 8 Dec 2004

The defendant sought to appeal her case.
Held: There were serious deficiencies in the way her case had been prepared as a result of severe limitations on the public funding available to conduct the case. The trial process could not in this case be seen as satisfactory.

Judges:

Lord Justice Brooke Sir Martin Nourse Lord Justice May The Vice President Of The Court Of Appeal (Civil Division)

Citations:

[2004] EWCA Civ 1659, Times 23-Dec-2004

Links:

Bailii

Jurisdiction:

England and Wales

Education, Negligence, Legal Aid

Updated: 27 June 2022; Ref: scu.220213

Customs and Excise v Barclays Bank Plc: CA 22 Nov 2004

The claimant had obtained judgment against customers of the defendant, and then freezing orders for the accounts. The defendants inadvertently or negligently allowed sums to be transferred from the accounts. The claimants sought repayment by the bank.
Held: The bank was liable. ‘a duty ought to be imposed on the Bank, towards claimants who have obtained a freezing order, to take care that funds of a person whose account has been frozen pursuant to that order should not be dissipated in breach of that order. I would not be deterred by the apparent absence of any express or deliberate assumption of responsibility on the part of the Bank since I would hold that the law ought to decide that such responsibility should be imposed and that that, in accordance with Phelps, is sufficient. I do not believe that the absence of an express assumption of responsibility should be fatal to the conclusion reached by relying on the first approach. I further conclude, applying the third (incremental) approach, that the imposition of such a duty of care is not to impose on banks liabilities different in kind from the sort of liabilities to which banks have become used at the hands of their customers and others for many years.’

Judges:

Lord Justice Peter Gibson Lord Justice Longmore Mr Justice Lindsay

Citations:

[2004] EWCA Civ 1555, [2005] 1 WLR 2082

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal fromCommissioners of Customs and Excise v Barclays Bank Plc ComC 3-Feb-2004
The claimant had obtained orders against two companies who banked with the respondent. Asset freezing orders were served on the bank, but within a short time the customer used the bank’s Faxpay national service to transfer substantial sums outside . .
CitedPhelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council HL 28-Jul-2000
The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed.
CitedCaparo 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 . .
CitedHenderson v Merrett Syndicates Ltd HL 25-Jul-1994
Lloyds Agents Owe Care Duty to Member; no Contract
Managing agents conducted the financial affairs of the Lloyds Names belonging to the syndicates under their charge. It was alleged that they managed these affairs with a lack of due careleading to enormous losses.
Held: The assumption of . .
CitedWhite and Another v Jones and Another HL 16-Feb-1995
Will Drafter liable in Negligence to Beneficiary
A solicitor drawing a will may be liable in negligence to a potential beneficiary, having unduly delayed in the drawing of the will. The Hedley Byrne principle was ‘founded upon an assumption of responsibility.’ Obligations may occasionally arise . .
CitedMareva Compania Naviera SA v International Bulkcarriers SA CA 1-Feb-1975
An ex parte order was sought by the plaintiff to restrain the defendant dispersing his assets.
Held: The court granted the ad personam order requested making use of the jurisdiction given to it by the 1925 Act: ‘A mandamus or an injunction may . .
CitedAl-Kandari v J R Brown and Co CA 1988
A solicitor had undertaken to look after certain passports, but failed to do so. The husband had twice previously kidnapped his children whose custody was an issue before the court. Once the husband regained the passports, he again fled with the . .
CitedNippon Yusen Kaisha v Karageorgis CA 1975
The plaintiff company had chartered a ship to the defendants. A large sum was now claimed for hire, and a string prima facie case made out. The charterers could not be found but there was evidence of funds at a bank in London. An ex parte . .
CitedZ Ltd v A-Z and AA-LL CA 1982
The plaintiffs, an overseas company with an office in London had been defrauded here. They sought and obtained Mareva injunctions against defendants and against six clearing banks. The banks sought clarification of their duties.
Held: The . .
CitedCandler v Crane Christmas and Co CA 15-Dec-1950
Though the accounts of the company in which the plaintiff had invested had been carelessly prepared and gave a wholly misleading picture of the state of the company, the plaintiff could not recover damages. A false statement, carelessly, as . .
CitedZ Bank v DI ChD 1994
A company in contempt of court may have acted with a greater or lesser degree of culpability and the court has a discretion to impose punishment commensurate with that culpability, although some penalty is likely to be appropriate unless the . .
CitedSmith v Eric S Bush, a firm etc HL 20-Apr-1989
In Smith, the lender instructed a valuer who knew that the buyer and mortgagee were likely to rely on his valuation alone. The valuer said his terms excluded responsibility. The mortgagor had paid an inspection fee to the building society and . .
CitedHedley Byrne and Co Ltd v Heller and Partners Ltd HL 28-May-1963
Banker’s Liability for Negligent Reference
The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any . .
CitedWilliams and Another v Natural Life Health Foods Ltd and Another HL 30-Apr-1998
A company director was not personally reliable in negligence for bad advice given by him as director unless it could clearly be shown that he had willingly accepted such personal responsibility. A special relationship involving an assumption of . .
CitedReeman and Reeman v Department of Transport; West Marine Surveyors and Consultants and Richard Primrose Ltd CA 26-Mar-1997
The purchaser of a fishing boat had relied on an incorrect safety certificate in respect of the vessel. He sought to claim in negligence.
Held: The object of the statutory scheme pursuant to which the certificate had been issued was to promote . .
CitedBusiness Computers International Ltd v Registrar of Companies ChD 1988
A winding up petition was served at an address which was not that of the plaintiff’s registered office, and nobody appeared at the hearing. A winding up order was made against the plaintiff company, which now sued the solicitors who had misserved . .
CitedDean v Allin and Watts (a Firm) CA 23-May-2001
An unsophisticated lender running the business of a car mechanic wanted to lend money to borrowers on the security of real property owned by an associate of the borrowers. The borrowers instructed the defendant solicitors to give effect to this . .
CitedElguzouli-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 by:

Appeal fromHM 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. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Banking, Negligence

Updated: 27 June 2022; Ref: scu.219675

Robinson and Another v Northumbria Police Authority and Another: CA 12 Oct 2001

Two police officers sought damages after their patrol car was trapped and attacked by youths. Senior officers were aware of such attacks, and considered arrangements for different windscreens.
Held: The risk was forseeable, and given the additional known risks faced by police officers, it was reasonable for the authority to have acted.

Citations:

[2001] EWCA Civ 1556

Links:

Bailii

Jurisdiction:

England and Wales

Police, Health and Safety, Negligence

Updated: 27 June 2022; Ref: scu.218461

Saunders v Gwent Community Health NHS Trust: CA 31 Oct 2001

Second tier Application for leave to appeal – No point of principle at issue – leave denied.

Judges:

Rix LJ

Citations:

[2001] EWCA Civ 1707

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedSansom and Another v Metcalfe Hambleton and Co CA 17-Dec-1997
The court warned against finding a professional to have been negligent on the evidence of an expert who was not a member of the same profession. A structural survey was prepared by a chartered surveyor. Expert evidence for the plaintiff was given, . .
Lists of cited by and citing cases may be incomplete.

Negligence

Updated: 27 June 2022; Ref: scu.218463

Pride Valley Foods Ltd v Hall and Partners: TCC 4 May 2000

TCC Contract – Project Management – Role of Quantity Surveyor acting as Project Manager – Duty to warn clients of fire hazards – Causation – Contributory Negligence – Test whether defendants are Partnership or Limited Company – role of experts in relation to evidence of Project Management

Judges:

John Toulmin CMG QC

Citations:

[2001] 76 Con LR 1, [2000] EWHC Technology 106

Links:

Bailii

Statutes:

Law Reform (Contributory Negligence) Act 1945

Citing:

ApprovedKerry v Carter CA 1969
The court considered the apportionment of responsibility under the 1945 Act.
Lord Denning MR said: ‘We have been referred to cases on this subject, particularly the recent case of Brown v Thompson [1968] 1 WLR 1003. Since that case it seems to . .

Cited by:

CitedJackson 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, Construction

Updated: 13 June 2022; Ref: scu.201811

A and Kanidagli, Regina (on the Application Of) v Secretary of State for Home Department: Admn 6 Jul 2004

The claimants, having been granted leave to remain in the UK, sought damages saying that maladministration by the defendant had led to serious delays in their receiving statutory welfare benefits.
Held: It was fair, just and reasonable that an administrative error of this kind, involving no judgement but simple administration and with a predictable financial effect for which there was no other remedy, should be regarded as arising out of a sufficiently proximate relationship to found a claim for damages.

Judges:

Keith J

Citations:

[2004] EWHC 1585 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedHome Office v Mohammed and Others CA 29-Mar-2011
The claimants sought damages saying that after a decision had been made that they should receive indefinite leave to remain in 2001 (latest), the leave was not issued until 2007 (earliest) thus causing them severe losses. The defendant now appealed . .
Lists of cited by and citing cases may be incomplete.

Administrative, Torts – Other, Negligence

Updated: 11 June 2022; Ref: scu.198637

Jones v Boyce: 20 Dec 1816

The plaintiff passenger, alarmed for his safety jumped from the defendant’s carriage, and now claimed damages for negligence.
Held: If the defendant crated a situation in which his passenger was properly so concerned for his own safety as to choose another dangerous course, the defendant was not excused by that choice: ‘It is for your consideration whether plaintiff’s act was the measure of an unreasonably alarmed mind, or such as a reasonable and prudent mind would have adopted. If I place a man in such a situation that he must adopt a perilous alternatve, I am responsible for the consequences.’

Judges:

Lord Ellenborough

Citations:

[1816] 1 Stark 493, [1816] EWHC KB J75

Links:

Bailii

Jurisdiction:

England and Wales

Negligence

Updated: 08 June 2022; Ref: scu.189979

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 that, unless some further precautions were taken, such an unfortunate occurrence as that which in fact took place might well be expected’.
A court of appeal should be slow to interfere with a judge’s conclusions. It should only do so where it took the view that the judge was plainly wrong. The court referred to the ‘personal equation’ when assessing whether a potential plaintiff had sufficient knowledge of his injury to set the limitation period running.

Judges:

Lord Thankerton, Lord Macmillan

Citations:

[1943] AC 448, [1943] 2 All ER 44, [1943] SC (HL) 3, [1943] UKHL 2

Links:

Bailii

Jurisdiction:

Scotland

Cited by:

CitedWalker 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 . .
CitedSmith v Littlewoods Organisation Limited (Chief Constable, Fife Constabulary, third party); Maloco v Littlewoods Organisation Ltd HL 1987
The defendant acquired a semi derelict cinema with a view to later development of the site. A fire started by others spread to the pursuer’s adjoining property.
Held: The defendants were not liable in negligence. The intervention of a third . .
CitedGabriel v Kirklees Metropolitan Council CA 24-Mar-2004
The claimant (aged 6) sought damages after being hurt when other children playing on a building site threw stones from the site, hitting him as he passed by.
Held: The case raised questions of law and it was incumbent on the judge to provide . .
CitedSimmons 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 . .
CitedSteel 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 . .
CitedSimmons 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 . .
CitedM’Kew v Holland and Hannen and Cubitts (Scotland) Ltd 1969
. .
CitedAdams v Bracknell Forest Borough Council HL 17-Jun-2004
A attended the defendant’s schools between 1977 and 1988. He had always experienced difficulties with reading and writing and as an adult found those difficulties to be an impediment in his employment. He believed them to be the cause of the . .
CitedFroom v Butcher CA 21-Jul-1975
The court asked what reduction if any should be made to a plaintiff’s damages where injuries were caused not only by the defendant’s negligent driving but also by the failure of the plaintiff to wear a seat belt. It had been submitted that, since . .
CitedWhippey v Jones CA 8-Apr-2009
The claimant was running along a river embankment. A large dog owned by the appellant, taking it for a walk, was off the leash. It ran out at the claimant who broke his ankle falling into the river. The defendant appealed against a finding that he . .
Lists of cited by and citing cases may be incomplete.

Negligence

Updated: 08 June 2022; Ref: scu.188845

Great North Eastern Railway Limited v Hart and Secretary of State for Transport, Local Government and the Regions and Network Rail Infrastructure Limited: QBD 30 Oct 2003

A driver had crashed through a barrier before a bridge, and descended into the path of a train. Ten people died. He now sought a contribution order against the Secretary of State for the condition of the barrier which was said to be faulty.
Held: ‘ . . . in building Little Heck Bridge on which the M62 motorway was to be carried and under which there was a main line railway track the department was under a duty to take reasonable care that not only the users of the motorway but also people and property who could foreseeably be on the railway track would not be exposed to an unreasonable risk of injury.’ However it was ‘ . . . a matter for the professional judgment of highway and bridge designers and engineers to determine what the length of the approach safety fencing or barrier should be. ‘ In this case there was no such negligence.

Judges:

The Hon Mr Justice Morland

Citations:

[2003] EWHC 2450 (QB)

Links:

Bailii

Statutes:

Civil Liability (Contribution) Act 1978 1(1), Highways Act 1959

Jurisdiction:

England and Wales

Citing:

CitedLevine v Morris 1970
Lord Widgery said: ‘All motorists are guilty of errors of one kind or another, and I think it would be quite unreal if roads were designed on the assumption that no driver would ever err.’ . .
CitedBaxter v Stockton-on-Tees Corporation 1959
The court was asked to set out the responsibilities of the local authority as highway authority for any failure to construct, maintain and provide signage on its roads: ‘As to the hypothetical case against the county council, there is, as we have . .
CitedHarbinson v Department of the Environment for Northern Ireland 1983
A number of youths pushed a large heavy cylinder from the public highway from a roundabout into the infant plaintiff’s garden. The cylinder struck her causing her severe injuries. The DOE, the Highway Authority, unsuccessfully sought to have the . .
CitedCaparo 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 . .
CitedStovin v Wise (Norfolk City Council, 3rd party) CA 16-Feb-1994
A road user was injured on a corner which was known to the highway authority to be dangerous. The authority had sought to make arrangements with the owner of land adjoining the highway to remove a bank which obstructed the view.
Held: The . .
CitedLarner v Solihull Metropolitan Borough Council CA 20-Dec-2000
The duty on a local authority to promote road safety did not remove from them the discretion as to how that duty was to be implemented. A claim that the authority had failed to place certain signage, and that an accident had occurred which might not . .
CitedKane v New Forest District Council CA 13-Jun-2001
A pedestrian walked from a footpath into the road and was hit by a car. She sought damages from the highway authority, saying that they had allowed vegetation to grow to an extent to make it impossible to be seen. As a second tier appeal, the . .
CitedK v P ChD 1993
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. . .
Lists of cited by and citing cases may be incomplete.

Negligence, Transport

Updated: 08 June 2022; Ref: scu.187278

B and others v Attorney General and others: PC 16 Jul 2003

(New Zealand) Children were removed from their home. The father was interviewed for suspected child abuse, but no charges were laid. He sought damages in negligence for the way the matter had been handled. Children whose allegations against adopted parents were not investigated also sought damages.
Held: The Privy Council upheld the decision of the Court of Appeal of New Zealand to allow a claim brought by children in respect of the allegedly negligent way in which a social worker and clinical psychologist had investigated a complaint that a father had sexually abused one of his daughters. But no common law duty of care was owed to the father. His interests and those of the children were ‘poles apart’. It would not be satisfactory to impose a duty of care in favour of alleged victims and at the same time a duty in favour of alleged perpetrators.

Lord Nicholls of Birkenhead: ‘To whom is the duty of care owed? Clearly the duty is owed to the child or young person in respect of whom the statutory duty to arrange for a prompt inquiry exists in the particular case. In the present case that is [daughter 1] as much as [daughter 2]. If [daughter 2’s] abuse allegation was well founded [daughter 1] also was at risk. But their Lordships consider no common law duty of care was owed to the father. He stands in a very different position. He was the alleged perpetrator of the abuse. In an inquiry into an abuse allegation the interests of the alleged perpetrator and of the children as the alleged victims are poles apart. Those conducting the inquiry must act in good faith throughout. But to impose a common law duty of care on the department and the individual professionals in favour of the alleged victims or potential victims and, at one and the same time, in favour of the alleged perpetrator would not be satisfactory. Moreover, a duty of care in favour of the alleged perpetrator would lack the juridical basis on which the existence of a common law duty of care was largely founded in Prince’s case. The decision in Prince’s case rests heavily on the feature that the duty imposed on the Director-General by s 5(2)(a) of the 1974 Act is for the benefit of the particular child. Self-evidently this statutory duty was not imposed for the benefit of alleged perpetrators of abuse. To utilise the existence of this statutory duty as the foundation of a common law duty in favour of perpetrators would be to travel far outside the rationale in Prince’s case.’

Judges:

Lord Nicholls of Birkenhead Lord Hutton Lord Hobhouse of Woodborough Lord Rodger of Earlsferry Lord Walker of Gestingthorpe

Citations:

[2003] UKPC 61, [2003] 4 All ER 833

Links:

Bailii, PC

Jurisdiction:

England and Wales

Citing:

CitedAttorney-General v Prince and Gardner 1998
(New Zealand Court of Appeal) Claims in negligence were made by the natural mother of a child who had been adopted, and also by the child, now an adult, complaining of the process followed in the adoption and also of failure to investigate a . .

Cited by:

CitedA and Another v Essex County Council CA 17-Dec-2003
The claimant sought damages. The respondent had acted as an adoption agency but had failed to disclose all relevant information about the child.
Held: Any such duty extended only during the period where the child was with the prospective . .
CitedJD 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 . .
CitedTrent Strategic Health Authority v Jain and Another HL 21-Jan-2009
The claimants’ nursing home business had been effectively destroyed by the actions of the Authority which had applied to revoke their licence without them being given notice and opportunity to reply. They succeeded on appeal, but the business was by . .
Lists of cited by and citing cases may be incomplete.

Negligence

Updated: 07 June 2022; Ref: scu.184657

Billings (AC) and Sons Ltd v Riden: HL 1957

A building contractor may assume a duty of care to a visitor, though the contractor was not viewed as the occupier, the occupier being separately liable to the injured plaintiff. However, ‘if the Plaintiff knew the danger, either because he was warned or from his own knowledge or observation, the question is whether the danger was such that in the circumstances no sensible man would have incurred it or, in other words, whether the Plaintiff’s exposing himself to the danger was a want of common or ordinary prudence on his part. If it was not, then the fact that he voluntarily or knowingly incurred the danger does not entitle the defendant to escape from liability.’
Lord Reid said: ‘There may be many cases in which warning is an adequate discharge of the duty . . but there are other cases when that is not so’ and illustrated this view by reference to case law. He continued: ‘The conclusion to be drawn from these cases appears to me to be that there is no magic in giving a warning. If the plaintiff knew the danger, either because he was warned or from his own knowledge and observation, the question is whether the danger was such that in the circumstances no sensible man would have incurred it or, in other words, whether the plaintiff’s exposing himself to the danger was a want of common or ordinary prudence on his part. If it was not, the fact that he voluntarily or knowingly incurred the danger does not entitle the defendant to escape from liability.’ The laintiff need not be a ‘paragon of circumspection’.

Judges:

Lord Somervell of Harrow, Lord Cohen, Lord Reid

Citations:

[1958] AC 240, [1957] 3 WLR 496, [1957] 3 All ER 1, [1957] UKHL 1, [1957] 1 QB 46

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedBritish 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 . .
CitedHunter 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.

Negligence, Land

Updated: 07 June 2022; Ref: scu.180983

Addie (Robert) and Sons (Collieries) Ltd v Dumbreck: HL 25 Feb 1929

No occupier is under any duty to potential trespassers, whether adults or children, to do anything to protect them from danger on his land, however likely it may be that they will come and run into danger and however lethal the danger may be.

Citations:

[1929] AC 358, 1928 SC 547, [1929] UKHL 3, 1929 SC (HL) 51, [1929] AC 358

Links:

Bailii

Jurisdiction:

Scotland

Citing:

Appeal fromRobert Addie and Sons (Collieries) Ltd v Dumbreck SCS 1928
A boy trespassed on land and was injured on machinery there. The local working-classes resorted to the field regularly ‘(1) as an open space; (2) as a playground; (3) as a means of access to chapel and railway station; and (4) – as regards the less . .

Cited by:

LimitedBritish 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.

Negligence

Updated: 07 June 2022; Ref: scu.180528

Papera Traders Co Ltd and others v Hyundai Merchant Marine Co Ltd and Another: ComC 7 Feb 2002

Citations:

[2002] EWHC 253 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See AlsoPapera Traders Co Limited and others v Hyundai Merchant Marine Co Limited, The Keihin Co Limited QBD 7-Feb-2002
A fire destroyed the ‘Eurasian Dream’ while in port. It was carrying cars, a fire in which got out of control. It was claimed that the ship managers had been negligent. The bill of lading contracts in the present case incorporated either the Hague . .
See AlsoPapera Traders Co Ltd and Others v Hyundai Merchant Marine Co Ltd and Another ComC 18-Oct-2002
. .
See AlsoPapera Traders Co Ltd and others v Hyundai Merchant Marine Co Ltd. and Another SCCO 17-Sep-2003
. .
See AlsoPapera Traders Co Ltd and others v Hyundai Merchant Marine Co Ltd. and Another SCCO 17-Sep-2003
. .
Lists of cited by and citing cases may be incomplete.

Negligence

Updated: 07 June 2022; Ref: scu.178917

Bogle and Others v Mcdonalds Resturants Ltd: QBD 25 Mar 2002

A group of claimants sued for personal injuries caused by the spillage of hot drinks served by the defendant, McDonald’s. The issues included: ‘(5) Whether there was a duty upon the defendant to warn its customers as to the risk of scalding from hot drinks. (6) If there was such a duty, whether the defendant was in breach of it.’
Held: The court discused these issues and noted the contentions for the claimants that there was a duty to warn for various reasons, including: ‘(5) Whilst some customers might be aware of the risk, the duty to warn arises because some may not be aware of the risk.’ He said: ‘I think it a fair inference that small children very rarely buy or intentionally consume coffee and tea in McDonald’s Restaurants. (It is certainly the case that in all the claims that have been brought, the hot drinks were bought by an adult.) In my opinion, McDonald’s could therefore expect that the great majority of those who bought hot drinks in their restaurants would be in their teenage years or above. In my judgement, these customers could be taken to know that the coffee and tea they were buying was hot and could cause a nasty scalding injury if it spilled on someone. Most customers would not know precisely how hot the drink was, but they would know that tea and coffee is made with very hot water. Nor would most customers know just how severe the scalding injury could be, but they would know that it could be very painful and serious. They would also know that drinks occasionally get spilled in restaurants such as those run by McDonald’s.’ and ‘Whether McDonald’s were negligent in not warning their customers depends on an objective assessment of all the circumstances, including the risk of injury and the customers’ appreciation of those matters that gave rise to the risk. As I have said, I am quite satisfied that those who bought coffee and tea could be taken to know that such drinks sometimes get spilled and are served at temperatures which cause serious and painful injury if they come into contact with someone’s skin. I accordingly find that there was no duty on McDonald’s to warn their customers about the risk posed by the temperatures at which tea and coffee were served, notwithstanding the warnings they gave to their employees and the fact that from 1995 a warning has been printed on the cups.’

Judges:

The Honourable Mr Justice Field

Citations:

[2002] EWHC 490 (QB)

Links:

Bailii

Cited by:

CitedMcTear 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.

Personal Injury, Negligence

Updated: 06 June 2022; Ref: scu.170026

Papera Traders Co Limited and others v Hyundai Merchant Marine Co Limited, The Keihin Co Limited: QBD 7 Feb 2002

A fire destroyed the ‘Eurasian Dream’ while in port. It was carrying cars, a fire in which got out of control. It was claimed that the ship managers had been negligent. The bill of lading contracts in the present case incorporated either the Hague or Hague-Visby Rules.
Held: The vessel was unseaworthy because of deficiencies in the crew, and the damage flowed from that deficiency.

Judges:

The Honourable Mr. Justice Cresswell

Citations:

[2002] EWHC 118 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See AlsoPapera Traders Co Ltd and others v Hyundai Merchant Marine Co Ltd and Another ComC 7-Feb-2002
. .
CitedMorris v West Hartlepool Steam Navigation HL 1956
The ship had followed a practice of leaving the between deck hatch covers off in the absence of a guard rail around the hatchway. The plaintiff seaman fell into the hold. There was evidence that on this ship it was quite usual for men to be sent . .

Cited by:

See AlsoPapera Traders Co Ltd and Others v Hyundai Merchant Marine Co Ltd and Another ComC 18-Oct-2002
. .
See AlsoPapera Traders Co Ltd and others v Hyundai Merchant Marine Co Ltd. and Another SCCO 17-Sep-2003
. .
See AlsoPapera Traders Co Ltd and others v Hyundai Merchant Marine Co Ltd. and Another SCCO 17-Sep-2003
. .
Lists of cited by and citing cases may be incomplete.

Transport, Negligence

Updated: 05 June 2022; Ref: scu.167596

Jan De Nul (Uk) Limited v NV Royale Belge: CA 10 Oct 2001

The contractor undertook to dredge a stretch of river. Due to its failure to investigate properly, the result was the release of substantial volumes of silt into the estuary, to the damage of other river users and frontagers. The act amounted to a nuisance and a public nuisance. Could damages be recovered where the claimants had been unable to quantify their losses? However difficult that question, it was reasonable for the contractor to have taken steps to mitigate the potential loss.
Held: The deposit of silt was a form of physical interference with the third parties’ land. The claimant was liable in nuisance because HWT had a right to be left to use its nature reserve for breeding purposes without having to worry whether the silt, which the claimant by its negligence had put there, would interfere with their breeding programme; that worry could only be avoided either by carrying out a study, as was in fact done, and finding out that there was no need to do anything, or by dredging out the silt; the property was physically significantly affected in as much as large amounts of salt were deposited on it; and HWT suffered further damage by reason of the claimant’s activities in as much as HWT paid for the investigation.
Schiemann LJ said: ‘The underlying policy of the law is to protect a claimant against what Markesinis and Deakin in their book on Tort Law (4th ed, 1999) describe at p.422 as ‘unreasonable interference with the claimant’s interest.’ Phrases such as ‘physical damage to land’ are portmanteau phrases which embrace the concept of land being affected and this resulting in damage to the economic interests of another’.

Judges:

Schiemann LJ, Hale LJ, Rix LJ

Citations:

[2002] EWCA Civ 209, [2002] 1 Lloyd’s Rep 583, [2002] Lloyd’s Rep IR 589, [2002] 1 All ER (Comm) 767

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedTate and Lyle Industries Ltd v Greater London Council HL 24-Mar-1983
The plaintiff had constructed and used two jetties, and dredged a channel down to the Thames for their use. The Council constructed two terminals nearby, the result of which was to cause a build up of silt blocking the channel.
Held: The . .
CitedHunter 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 . .
CitedCambridge Water Company v Eastern Counties Leather Plc HL 9-Dec-1993
The plaintiffs sought damages and an injunction after the defendant company allowed chlorinated chemicals into the plaintiff’s borehole which made unfit the water the plaintiff itself supplied.
Held: The appeal was allowed. Liability under . .
CitedOverseas Tankship (UK) Ltd v Miller Steamship Co Pty (The Wagon Mound) (No 2) PC 25-May-1966
(New South Wales) When considering the need to take steps to avoid injury, the court looked to the nature of defendant’s activity. There was no social value or cost saving in this defendant’s activity. ‘In the present case there was no justification . .
CitedRegina v Shamrock CACD 1994
. .
CitedAttorney-General v PYA Quarries Ltd CA 1957
In a relator action, an injunction was sought to prevent the respondent from emitting quantities of dust from their quarry. The court had to decide what were the constituents of the offence of a public nuisance, and how this differed from a private . .
CitedBenjamin v Storr 1874
The plaintiff’s coffee house was badly affected by the defendant’s wagons standing for long periods in the narrow street outside for the purposes of loading and unloading goods. The wagons blocked his light and the frequent stabling of the horses . .
Appeal fromJan De Nul (UK) Ltd v NV Royale Belge ComC 31-Jul-2000
Contractors’ liability insurance – contract for capital dredging of main shipping channel in Southampton Water – deposit of silt outside limits of dredged channel – whether insured negligent – whether silt interfered with navigation – whether . .

Cited by:

CitedD 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 . .
CitedNetwork Rail Infrastructure Ltd v Williams and Another CA 3-Jul-2018
Japanese Knotweed escape is nuisance
The defendant appealed against an order as to its liability in private nuisance for the escape of Japanese Knotweed from its land onto the land of the claimant neighbours. No physical damage to properties had yet been shown, but the reduction in . .
Lists of cited by and citing cases may be incomplete.

Insurance, Nuisance, Negligence, Damages

Updated: 04 June 2022; Ref: scu.166543