Jolley 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, that the possibility of injury to children playing on such an object was foreseeable. The judge had also found a particular danger of an older boy seeking to prop it up and repair it. The council had argued that this latter event was unforseeable.
Held: The Court of Appeal had not been justified in disturbing the Judge’s finding of fact. Given the ingenuity of children for mischief, mischief which went beyond that foreseen, but which was of the same type, was capable of leaving the authority liable under the Act.
There was no social value or cost saving to the Council in creating a risk by leaving a derelict boat lying about. It was something which they ought to have removed whether it created a risk of injury or not. They were liable for an injury which, though foreseeable, was not particularly likely. Foreseeability does not denote a fixed point on the scale of probability.

Lord Browne-Wilkinson Lord Mackay of Clashfern Lord Steyn Lord Hoffmann Lord Hobhouse of Woodborough
Times 24-May-2000, Gazette 08-Jun-2000, [2000] 1 WLR 1082, [2000] UKHL 31, [2000] 3 All ER 409
House of Lords, Bailii
Occupiers’ Liability Act 1957 2(2)
England and Wales
Citing:
Appeal fromRegina v London Borough of Sutton, ex parte Jolley CA 19-Jun-1998
The plaintiff, a boy, was injured when playing on a derelict boat left on council land. The council appealed an award of damages against it.
Held: A local authority may be liable for injury caused by a derelict boat not removed from their land . .
First instanceJolley v Sutton London Borough Council QBD 1998
The claimant, a boy was injured when playing around a boat abandoned on land owned by the defendant. He had propped it up to attempt a repair, and was crushed when it fell on him. He said that in not removing the boat they had been negligent.
CitedDonoghue (or M’Alister) v Stevenson HL 26-May-1932
Decomposed Snail in Ginger Beer Bottle – Liability
The appellant drank from a bottle of ginger beer manufactured by the defendant. She suffered injury when she found a half decomposed snail in the liquid. The glass was opaque and the snail could not be seen. The drink had been bought for her by a . .
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 . .
CitedHughes v Lord Advocate HL 21-Feb-1963
The defendants had left a manhole uncovered and protected only by a tent and paraffin lamp. A child climbed down the hole. When he came out he kicked over one of the lamps. It fell into the hole and caused an explosion. The child was burned. The . .
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 . .
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 . .

Cited by:
CitedGroom v Selby CA 18-Oct-2001
The defendant negligently failed to discover the claimant’s pregnancy. A severely disabled child was born. The question was as to the responsibility for payment of excess costs of raising a severely disabled child, a claim for economic loss. The . .
CitedTomlinson v Congleton Borough Council and others HL 31-Jul-2003
The claimant dived into a lake, severely injuring himself. The council appealed liability, arguing that it owed him no duty of care under the Act since he was a trespasser. It had placed warning signs to deter swimmers.
Held: The council’s . .
CitedThe Attorney General v Hartwell PC 23-Feb-2004
PC (The British Virgin Islands) A police officer had taken the police revolver, and used it to shoot the claimant. It was alleged that the respondent police force were vicariously liable for his acts and also . .
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 . .
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 . .
CitedLondon General Holdings Ltd and others v USP Plc and Another CA 22-Jul-2005
Copyright was claimed in a draft legal agreement. Infringement was established, but the court was asked to look at the assessment of damages.
Held: ‘what is the basis upon which damages for breach of copyright are awarded? The question cannot . .
CitedJebson v Ministry of Defence CA 28-Jun-2000
The claimant was a guardsman travelling in the rear of a service lorry. He fell from the tailgate suffering severe injury. He was drunk after a social trip.
Held: Though a person could normally expect to be responsible himself for incidents . .
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 . .
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 . .
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 . .
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.

Personal Injury, Negligence, Torts – Other

Leading Case

Updated: 27 November 2021; Ref: scu.82576

Spearman v Royal United Bath Hospitals NHS Foundation Trust: QBD 4 Dec 2017

The Claimant suffered a hypoglycaemic attack (being Type 1 diabetic) and was taken by ambulance to the Hospital, arriving at 22.00 hours. Within 15 minutes, he had left the emergency department of the hospital, climbed five flights of stairs to a flat roof, climbed over a protective barrier and either fallen or jumped into a courtyard below where he suffered serious injuries.
The issue for decision is whether this accident occurred as a result of the breach of duty of the defendant whether owed to the Claimant under the Occupiers Liability Act 1957 and/or the Occupiers Liability Act 1984 or at Common Law, or whether the Claimant was the author of his own misfortune.

Martin Spencer J
[2017] EWHC 3027 (QB)
Bailii
Occupiers Liability Act 1957, Occupiers Liability Act 1984
England and Wales
Cited by:
CitedOvu v London Underground Ltd (Duty of Care) QBD 13-Oct-2021
Safety of Stairs within Undergrounds Care of duty
The Claimant sued the London Underground company because their relative Mr Ovu died after falling down stairs on a fire escape. It was late at night and he wandered on his own on a cold night, outdoors, onto the stairs. The staircase was in good . .

Lists of cited by and citing cases may be incomplete.

Land, Personal Injury

Updated: 27 November 2021; Ref: scu.601123

Alves v Attorney General of The Virgin Islands (British Virgin Islands): PC 18 Dec 2017

From the Court of Appeal of the Eastern Caribbean Supreme Court (British Virgin Islands)

Lord Neuberger

Lord Kerr

Lord Carnwath

Lord Hughes

Lord Hodge
[2017] UKPC 42
Bailii
England and Wales
Citing:
CitedStubbings v Webb and Another HL 10-Feb-1993
Sexual Assault is not an Act of Negligence
In claims for damages for child abuse at a children’s home made out of the six year time limit time were effectively time barred, with no discretion for the court to extend that limit. The damage occurred at the time when the child left the home. A . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Limitation

Updated: 22 November 2021; Ref: scu.601883

Withers v Perry Chain Co Ltd: CA 21 Jul 1961

An employee with dermatitis returned to work when it was known both to him and his employers that continuing to work would carry a small risk of it recurring or being exacerbated.
Held: The Court allowed the employer’s appeal against the trial judge’s award of damages.
Sellers LJ said: ‘the defendants gave her what they thought to be the best available work they had. In fact, if she had not taken that work it would seem that she would not have worked at all and would not have earned any wages, which apparently she sought to do. I cannot believe that the common law requires employers to refuse to employ a person who is willing to work for them simply because they think that it is not in the person’s best interests to do the work. That would be imposing a restriction on the freedom of the individual which I think is foreign to the whole spirit of the common law of our country.’ and
‘there is no duty at common law requiring an employer to dismiss an employee rather than retain him or her in employment and allowing him or her to earn wages, because there may be some risk. The duty of the defendants in this case was to take all reasonable care for the plaintiff in the employment in which she was engaged, including a duty to have regard to the fact that she had had dermatitis previously. Beyond that I do not think the common law can be invoked.’
Devlin LJ: ‘In my opinion there is no legal duty upon an employer to prevent an adult employee from doing work which he or she is willing to do. If there is a slight risk, as the judge has found, it is for the employee to weigh it against the desirability, or perhaps the necessity, of employment. The relationship between employer and employee is not that of a schoolmaster and pupil. There is no obligation on an employer to offer alternative safe employment, though no doubt a considerate employer would always try to do so – as the defendants thought they had done here. Nor is there any obligation on an employer to dismiss an employee in such circumstances. It cannot be said that an employer is bound to dismiss an employee rather than allow her to run a small risk. The employee is free to decide for herself what risks she will run. I agree with what [Sellers LJ] has said, that if the common law were to be otherwise it would be oppressive to the employee, by limiting his ability to find work, rather than beneficial to him . . . It may be also, on the principle of Paris v Stepney Borough Council, that when the susceptibility of an employee to dermatitis is known there is a duty on the employer to take extra or special precautions to protect such an employee.’

Sellers LJ, Devlin LJ
[1961] 1 WLR 1314, [1961] EWCA Civ 4, [1961] 3 All ER 676
Bailii
England and Wales
Citing:
CitedParis v Stepney Borough Council CA 1949
. .

Cited by:
ConsideredCoxall v Goodyear Great Britain Limited CA 22-Jul-2002
The employee worked at a plant using chemicals. After starting, the work system was changed. The staff were given the best protection available, but the claimant suffered a pre-existing tendency to asthma, which was excited by the chemicals used. He . .
CitedBarber v Somerset County Council HL 1-Apr-2004
A teacher sought damages from his employer after suffering a work related stress breakdown.
Held: The definition of the work expected of him did not justify the demand placed upon him. The employer could have checked up on him during his . .

Lists of cited by and citing cases may be incomplete.

Personal Injury

Updated: 16 November 2021; Ref: scu.181793

Coia v Portavadie Estates Ltd: SCS 6 Jan 2015

(Extra Division Inner House) ‘In this action for damages for personal injury three central issues arise:
(1) Was the wardrobe pole which fell and injured the pursuer ‘work equipment provided by the defenders for use or used by an employee of theirs at work’ for the purpose of The Provision and Use of Work Equipment Regulations 1998 when the accident happened?
(2) Was the pursuer at work when the accident happened?
(3) Was the lodge in which the accident happened a workplace for the purpose of the Workplace (Health, Safety and Welfare) Regulations 1992 when the accident happened? The pursure was a chef working for the defenders, satying at residential accomodation provided by them. The appellant sustained injury when he was removing his own personal possessions from a wardrobe in premises that he occupied otherwise than as a result of his contract of employment with the defenders.
Held: The answer to thr first question was ‘No’, and ‘The appellant was not at work when the accident happened – he was removing his personal possessions from the accommodation which he occupied, but there was nothing in the evidence to establish that he was doing so as a result of an instruction given to him in the course of his employment rather than in the context of his agreement with the defenders that he should be permitted to occupy the lodge on a temporary basis. The lodge was not, at the time of the accident, a workplace for the purpose of the workplace regulations. ‘

Lord Menzies
[2015] ScotCS CSIH – 3
Bailii
Workplace (Health, Safety and Welfare) Regulations 1992, The Provision and Use of Work Equipment Regulations 1998
Scotland

Scotland, Personal Injury, Health and Safety

Updated: 11 November 2021; Ref: scu.540499

Cartledge v E Jopling and Sons Ltd: HL 1963

The plaintiffs were steel dressers who, in the course of their employment, had inhaled quantities of noxious dust which had caused them to suffer from pneumoconiosis. They issued proceedings on 1 October 1956 but were unable to show any breach of duty by their employers which contributed to their condition after 1 October 1950. The defendants pleaded that the claims were barred by the six year limitation period under section 2 of the 1939 Act.
Held: Lord Reid made it clear that he would have wished to hold ‘that a cause of action ought not to be held to accrue until either the injured person has discovered the injury or it would be possible for him to discover it if he took such steps as were reasonable in the circumstances’. But the House unanimously held that the 1939 Act and established authority precluded it from so holding. Where a defendant sought to rely upon some damage as setting the limitation clock running, the damage referred to must be ‘real’ as distinct from minimal. The common law ought never to produce a wholly unreasonable result.
Lord Pearce said: ‘It is for a judge or jury to decide whether a man has suffered any actionable harm and in borderline cases it is a question of degree.
It is a question of fact in each case whether a man has suffered material damage by any physical changes in his body. Evidence that those changes are not felt by him and may never be felt tells in favour of the damage coming within the principle of de minimis non curat lex. On the other hand evidence that in unusual exertion or at the onslaught of disease he may suffer from his hidden impairment tells in favour of the damage being substantial.’ and ‘The cause of action accrued when it reached a stage, whether known or unknown, at which a judge could properly give damages for the harm that had been done.’
Lord Reid: ‘If this were a matter governed by the common law I would hold that a cause of action ought not to be held to accrue until either the injured person has discovered the injury or it would be possible for him to discover it if he took such steps as were reasonable in the circumstances. The common law ought never to produce a wholly unreasonable result . . But the present question depends on statute, the Limitation Act, 1939, and section 26 of that Act appears to me to make it impossible to reach the result which I have indicated.’

Lord Reid, Lord Evershed MR, Lord Pearce
[1963] AC 758, [1963] 1 All ER 341
Limitation Act 1939 2
England and Wales
Citing:
Appeal fromCartledge v E Jopling and Sons Ltd CA 1962
The court gave guidance on when an injury passes from being de minimis to being sufficiently significant to found a cause of action: ‘there is from the beginning some injury occurring from day to day, as each of the minute particles which enter the . .

Cited by:
CitedHatton v Messrs Chafes (A Firm) CA 13-Mar-2003
The defendant firm appealed against a refusal to strike out the claimant’s claim for professional negligence, asserting that the judge should have considered the limitation issue in the light of Khan v Falvey.
Held: By the time that the . .
CitedLagden v O’Connor HL 4-Dec-2003
The parties had been involved in a road traffic accident. The defendant drove into the claimant’s parked car. The claimant was unable to afford to hire a car pending repairs being completed, and arranged to hire a car on credit. He now sought . .
CitedMcDonnell v Congregation of Christian Brothers Trustees (Formerly Irish Christian Brothers) and others HL 4-Dec-2003
In 2000, the claimant sought damages for sexual abuse from before 1951. The issue was as to whether the limitation law which applied was that as at the date of the incidents, or that which applied as at the date when he would be deemed uner the . .
CitedThe Law Society v Sephton and Co and others CA 13-Dec-2004
The Society appealed dismissal for limitation of its claim against the defendant firm of accountants arising from alleged fraud in approval of a solicitor’s accounts.
Held: The liability did not arise until the Society decided to make . .
CitedRothwell v Chemical and Insulating Co Ltd and Another CA 26-Jan-2006
Each claimant sought damages after being exposed to asbestos dust. The defendants resisted saying that the injury alleged, the development of pleural plaques, was yet insufficient as damage to found a claim.
Held: (Smith LJ dissenting) The . .
CitedBolton Metropolitan Borough Council v Municipal Mutual Insurance Ltd CA 6-Feb-2006
The deceased had come into contact with asbestos when working on building sites for more than one contractor. The claimant here sought contribution from the defendants for the damages it had paid to his estate. The issue was as to liability on . .
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 . .
CitedA v Hoare; H v Suffolk County Council, Secretary of State for Constitutional Affairs intervening; X and Y v London Borough of Wandsworth CA 12-Apr-2006
Each claimant sought damages for a criminal assault for which the defendant was said to be responsible. Each claim was to be out of the six year limitation period. In the first claim, the proposed defendant had since won a substantial sum from the . .
MentionedLaw 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 . .
CitedHorton v Sadler and Another HL 14-Jun-2006
The claimant had been injured in a road traffic accident for which the defendant was responsible in negligence. The defendant was not insured, and so a claim was to be made against the MIB. The plaintiff issued proceedings just before the expiry of . .
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 . .
CitedAxa General Insurance Ltd and Others v Lord Advocate and Others SCS 8-Jan-2010
axaReSCS201
The claimant sought to challenge the validity of the 2009 Act by judicial review. The Act would make their insured and themselves liable to very substantial unanticipated claims for damages for pleural plaques which would not previousl or otherwise . .
CitedDryden and Others v Johnson Matthey Plc SC 21-Mar-2018
Sensitisation to salt can be personal injury
The claimants, had developed platinum salt sensitisation due to the defendant employer’s breach of health and safety regulations and common law duty, claimed a cause of action for personal injury. Platinum salt sensitisation is, in itself, an . .

Lists of cited by and citing cases may be incomplete.

Limitation, Personal Injury

Leading Case

Updated: 11 November 2021; Ref: scu.179759

Haydon v Kent County Council: CA 1978

Impacted snow and ice had built up on a steep, narrow, made-up footpath from Monday to Thursday during a short wintry spell. The plaintiff slipped and broke her ankle. The highway authority operated a system of priorities. Their resources were fully taken up with sanding and gritting roads, but on the Wednesday evening one of their workmen reported the dangerous state of the particular path to them, and they took prompt action next morning, but not in time to prevent the plaintiff’s accident.
Held: The authority was liable. The duty to maintain the highway in section 44(1) included removing snow and ice and taking such protective measures as would render highways and paths safe for vehicles and pedestrians in bad weather conditions.
Lord Denning (dissenting): ”Repair’ means making good defects in the surface of the highway itself so as to make it reasonably passable for the ordinary traffic of the neighbourhood at all seasons of the year without danger caused by its physical condition. That is the combined effect of the statements of Blackburn J. in Reg. v. Inhabitants of High Halden (1859) 1 F. and F. 678; of Diplock L.J. in Burnside v. Emerson [1968] 1 W.L.R. 1490, 1497 and Cairns L.J. in Worcestershire County Council v. Newman [1975] 1 W.L.R. 901, 911. Thus deep ruts in cart roads, potholes in carriage roads, broken bridges on footpaths or bushes rooted in the surface make all the highways ‘out of repair’.’ The statutory definition does not imply that ‘maintain’ has a wider meaning than ‘repair’, and that given the legislation history the cause of action which an injured person has under the 1961 Act was limited to ‘non-repair’ of a highway, and did not include other cases. On the extent of that duty: ‘In my opinion, therefore, the duty in section 44 of the Act of 1959 ‘to maintain the highway’ is the equivalent of the duty at common law and in the Act of 1835 ‘to repair and keep in repair.’ It means that whenever there is a defect in the surface of the highway, the highway authority is under a duty to repair it. But it does not mean that the highway authority is under a duty to remove snow or ice whenever it makes the highway slippery or dangerous. I adhere, therefore, to the view I expressed in Burnside v. Emerson [1968] 1 W.L.R. 1490, 1494: ‘. . . an icy patch in winter or an occasional flooding at any time is not in itself evidence of a failure to maintain’.
Goff L.J said that the highway authority would be in breach of duty only if: ‘having regard to the nature and importance of the way, sufficient time [has] elapsed to make it prima facie unreasonable for the authority to have failed to take remedial measures. Then the authority is liable unless it is able to make out the statutory defence.’

Lord Denning MR, Goff and Shaw LJJ
[1978] QB 343, [1978] 2 All ER 97
Highways Act 1959 44(1), Highways Act 1961
England and Wales
Citing:
CitedRegina v Inhabitants of High Halden 1859
highhalden1859
The court considered the liability of the parish for injury arising from a failure to repair the road. The road was ‘an old soft road formed of Weald of Kent clay, and had never been repaired with hard substances’. The evidence was that in wet . .
CitedBurnside and Another v Emerson and Others CA 1968
The plaintiffs were injured in a road accident caused by flooding. They sued the executors of the deceased driver whose car spun out of control into the path of their own car, and also the highway authority, who had installed a proper system of . .
CitedHereford and Worcester County Council v Newman CA 1975
The council had been found responsible by the magistrates for allowing footpaths to be ‘out of repair’. The paths were unusable for various reasons including having a hawthorn hedge growing down the middle, and having barbed wire fencing strung . .

Cited by:
ConsideredStovin 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 . .
CitedGorringe v Calderdale Metropolitan Borough Council HL 1-Apr-2004
Statutory Duty Not Extended by Common Law
The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down.
Held: The claim failed. The duty could not be extended to include . .
CitedJane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions CA 5-Nov-2004
The claimant’s husband died when his car skidded on hoar frost. She claimed the respondent was liable under the Act and at common law for failing to keep it safe.
Held: The respondent had not assumed a general responsibility to all road users . .
CitedThoburn v Northumberland County Council CA 19-Jan-1999
The claimant alleged that the defendant by allowing a flood across a road not to be cleared was in breach of their statutory duty under the 1980 Act.
Held: Though the blockage was not entirely on the Highway, the nature and extent of it was . .
CitedDepartment for Transport, Environment and the Regions v Mott Macdonald Ltd and others CA 27-Jul-2006
Claims arose from accidents caused by standing water on roadway surfaces after drains had not been cleared by the defendants over a long period of time. The Department appealed a decision giving it responsibility under a breach of statutory duty . .
CitedGoodes v East Sussex County Council HL 16-Jun-2000
The claimant was driving along a road. He skidded on ice, crashed and was severely injured. He claimed damages saying that the Highway authority had failed to ‘maintain’ the road.
Held: The statutory duty on a highway authority to keep a road . .
CitedAli v The City of Bradford Metropolitan District Council CA 17-Nov-2010
The claimant appealed against rejection of her claim for damages after slipping on a footpath maintainable by the defendant after an accumulation of mud and debris. The claim appeared to be the first under section 130, and the highway authority . .
CitedPritchard v Clwyd County Council CA 16-Jun-1992
The plaintiff was injured wading through a flooded street. She claimed damages alleging a failure to maintain the storm water sewers. The defendants appealed a finding that they were responsible, and she appealed a contributory negligence . .

Lists of cited by and citing cases may be incomplete.

Transport, Personal Injury, Negligence

Leading Case

Updated: 11 November 2021; Ref: scu.180995

Gray v Thames Trains and Others: HL 17 Jun 2009

The claimant suffered severe psychiatric injured in a rail crash caused by the defendant’s negligence. Under this condition of Post-Traumatic Stress Disorder, the claimant had gone on to kill another person, and he had been detained under section 41. He now sought damages for his loss of earnings through detention in prison and mental hospital.
Held: Such damages could not be claimed successfully once the claimant had been convicted. Though the defendants had admitted their negligence, success for the claimant would be against the public policy maxim that ex turpi causa non oritur actio. If the case was extreme, and the order for detention was made purely for the defendant’s mental condition, and not for the criminal behaviour, the maxim might not apply, but that was not the case here.
Lord Hoffmann said: ‘there is no dispute that there was a causal connection between the tort and the killing. The evidence which the judge accepted was but for the tort, Mr Gray would not have killed. But the rule of public policy invoked in this case is not based upon some primitive psychology which deems mental stress to be incapable of having a connection with subsequent criminal acts . . the case against compensating Mr Gray for his loss of liberty is based upon the inconsistency of requiring someone to be compensated for a sentence imposed because of his own personal responsibility for a criminal act.’ and ‘the maxim ex turpi causa expresses not so much a principle as a policy. Furthermore, that policy is not based upon a single justification but on a group of reasons, which vary in different situations.’
Lord Brown said: ‘The law cannot at one and the same time incarcerate someone for his criminality and compensate him civilly for the financial consequences.’

Lord Phillips of Worth Matravers, Lord Hoffmann, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Brown of Eaton-under-Heywood
[2009] UKHL 33, Times 19-Jun-2009, [2009] PIQR P22, (2009) 108 BMLR 205, [2009] 4 All ER 81, [2009] 3 WLR 167, [2009] 1 AC 1339
Bailii
Mental Health Act 1983 37 41
England and Wales
Citing:
CitedClunis (By his Next Friend Prince) v Camden and Islington Health Authority CA 5-Dec-1997
The plaintiff had killed someone and, as a result, been convicted of manslaughter and ordered to be detained in a secure hospital when subject to after-care under section 117 of the 1983 Act. He sought damages from the health authority on the basis . .
CitedRegina v Drew HL 8-May-2003
The defendant was mentally ill. He had been convicted of a second serious offence, and now appealed the life sentence imposed. Psychiatrists had recommended a hospital order, but such an order could not now be made by virtue of the 2000 Act save in . .
Appeal fromGray v Thames Trains Ltd and Another CA 25-Jun-2008
The claimant was a victim of the Ladbroke Grove rail crash. He later committed and was convicted of a manslaughter and detained under the 1983 Act. He said that the accident had caused a major personality change. The defendant relied on the defence . .
CitedRegina v Birch CACD 1989
Even where there is culpability, a hospital order with a restriction order may well be the appropriate way to deal with a dangerous and disordered person.
Mustill LJ discussed the effect of a restriction order: ‘In marked contrast with the . .
CitedRegina v Eaton CACD 1976
A hospital order with a restriction order unlimited as to time was made in respect of a woman with a psychopathic disorder where her offence was minor criminal damage. . .
CitedTinsley v Milligan HL 28-Jun-1993
Two women parties used funds generated by a joint business venture to buy a house in which they lived together. It was vested in the sole name of the plaintiff but on the understanding that they were joint beneficial owners. The purpose of the . .
CitedHolman v Johnson 5-Jul-1775
ex turpi causa non oritur actio
Mansfield LCJ set out the principle of ex turpi causa non oritur actio: ‘The objection, that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, . .
CitedAskey v Golden Wine Co Ltd 1948
Denning J said: ‘It is, I think, a principle of our law that the punishment inflicted by a criminal court is personal to the offender, and that the civil courts will not entertain an action by the offender to recover an indemnity against the . .
CitedNational Coal Board v England HL 1954
The plaintiff sought damages after being injured when a co-worker fired a shot. The employee however had himself coupled the detonator to the cable rather than leaving it to the shotfirer, and had his cimmitted a criminal offence. He had been found . .
CitedChapman v Hearse, Baker v Willoughby HL 26-Nov-1969
The plaintiff, a pedestrian had been struck by the defendant’s car while crossing the road. The plaintiff had negligently failed to see the defendant’s car approaching. The defendant had a clear view of the plaintiff prior to the collision, but was . .
CitedBritish Columbia v Zastowny 8-Feb-2008
Canlii (Supreme Court of Canada) Damages – Past and future wage loss – Periods of incarceration – Plaintiff seeking damages for injuries suffered as consequence of sexual assaults – Whether plaintiff entitled to . .
CitedHunter Area Health Service v Presland 21-Apr-2005
(Supreme Court of New South Wales – Court of Appeal) The plaintiff, who had been negligently discharged from a psychiatric hospital, was acquitted of murdering a woman six hours later on the ground of mental illness but ordered to be detained in . .
CitedJobling v Associated Dairies HL 1980
The claimant suffered an accident at work which left him with continuing disabling back pain. Before the trial of his claim he was diagnosed as suffering from a disease, in no way connected with the accident, which would in any event have wholly . .
CitedMeah v McCreamer (No 1) QBD 1985
The claimant had suffered serious brain damage as a result of the defendant’s negligence, resulting in a personality change which caused him to commit offences for which he was imprisoned. He sought damages for that imprisonment.
Held: Woolf J . .
CitedMeah v McCreamer (No 2) 1986
The court rejected an attempt to recover the damages which the plaintiff had been found liable to pay to two women whom he had subjected to criminal attacks. The damages were too remote. But the claim would also have been rejected on the public . .
CitedVellino v Chief Constable of Greater Manchester Police CA 31-Jul-2001
The police were not under any duty to protect someone who had been arrested from injuring himself in an attempt to escape. The claimant had a history of seeking to avoid capture by jumping from his flat window. On this occasion he injured himself in . .
CitedState Rail Authority of New South Wales v Wiegold 1991
(New South Wales) The plaintiff was seriously injured in an industrial accident caused by the defendant’s negligence. At first he received payments of worker’s compensation but when these ceased he took to supplementing his income by growing and . .
CitedRahman v Arearose Limited and Another, University College London, NHS Trust CA 15-Jun-2000
The claimant had suffered a vicious physical assault from which the claimant’s employers should have protected him, and an incompetently performed surgical operation. Three psychiatrists agreed that the aetiology of the claimant’s very severe . .
CitedCross v Kirkby CA 18-Feb-2000
The claimant was a hunt saboteur and the defendant a local farmer. The claimant shouted to the defendant ‘You’re fucking dead’ and jabbed him in the chest and throat with a broken baseball bat. In order to ward off further blows, the defendant . .
CitedWorrall v British Railways Board CA 29-Apr-1999
The plaintiff alleged that an injury which he has suffered as a result of his employer’s negligence had changed his personality. As a result, he had on two occasions committed sexual assaults on prostitutes, for which offences he had been sentenced . .
CitedRevill v Newberry CA 2-Nov-1995
A trespasser (even a thief) is entitled to protection from unnecessary violence, and to an award of damages for personal injuries inflicted. To deny the claimant compensation for an assault which went beyond self-defence was a different thing from . .
At first instanceGray v Thames Trains Ltd and Another QBD 6-Jul-2007
The claimant had been injured in an accident for which the defendants were responsible. He developed a personality disorder which led to him committing manslaughter and being detained under section 37. The defendants denied being liable beyond the . .

Cited by:
CitedPrison Officers Association v Iqbal CA 4-Dec-2009
The claimant, a prisoner, alleged false imprisonment. The prison officers had taken unlawful strike action leaving him to be confined within his cell and unable to be involved in his normal activities. In view of the strike, a governor’s order had . .
CitedGnango, Regina v SC 14-Dec-2011
The prosecutor appealed against a successful appeal by the defendant against his conviction for murder. He and an opponent had engaged in a street battle using guns. His opponent had shot an innocent passer by. The court was now asked as to whether . .
CitedLes Laboratoires Servier and Another v Apotex Inc and Others SC 29-Oct-2014
Ex turpi causa explained
The parties had disputed the validity a patent and the production of infringing preparations. The english patent had failed and damages were to be awarded, but a Canadian patent remained the defendant now challenged the calculation of damages for . .
CitedHounga v Allen and Another SC 30-Jul-2014
The appellant, of Nigerian origin had been brought here at the age of 14 with false identity papers, and was put to work caring for the respondent’s children. In 2008 she was dismissed and ejected from the house. She brought proceedings alleging . .
CitedJetivia Sa and Another v Bilta (UK) Ltd and Others SC 22-Apr-2015
The liquidators of Bilta had brought proceedings against former directors and the appellant alleging that they were party to an unlawful means conspiracy which had damaged the company by engaging in a carousel fraud with carbon credits. On the . .
CitedHenderson v Dorset Healthcare University NHS Foundation Trust CA 3-Aug-2018
Upon the allegedly negligent release of the claimant from mental health care, she had, while in the midst of a serious psychotic episode, derived from the schizophrenia, killed her mother and been convicted of manslaughter. She now sought damages in . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Negligence, Torts – Other

Updated: 11 November 2021; Ref: scu.347027

Mirvahedy v Henley and another: HL 20 Mar 2003

The defendants’ horses escaped from the field, and were involved in an accident with the claimant’s car.
Held: The defendants were liable under section 2(2). To bolt was a characteristic of horses which was normal ‘in the particular circumstances’, these being some sort of fright or other external stimulus. Section 2 places all animals into one of two categories by their species. Animals either belong to a dangerous species, or they do not. A keeper of an animal is liable for damage caused by his animal dependant upon the category. A dangerous species must meet two requirements, a) that it is not commonly domesticated here and b) that fully grown animals ‘normally have such characteristics that they are likely, unless restrained, to cause severe damage or that any damage they may cause is likely to be severe’.
Lord Nicholls: ‘Take a large and heavy domestic animal such as a mature cow. There is a real risk that if a cow happens to stumble and fall onto someone, any damage suffered will be severe. This would satisfy requirement (a). . . But a cow’s dangerousness in this regard may not fall within requirement (b). This dangerousness is due to a characteristic normally found in all cows at all times. The dangerousness results from their very size and weight. It is not due to a characteristic not normally found in cows ‘except at particular times or in particular circumstances.”

Lord Nicholls of Birkenhead, Lord Nicholls
Times 24-Mar-2003, [2003] UKHL 16, Gazette 15-May-2003, [2003] 2 AC 491, [2003] RTR 26, [2003] PIQR P25, [2003] NPC 38, [2003] 2 WLR 882, [2003] 2 All ER 401
House of Lords, Bailii
Animals Act 1971 2 6(2) 11
England and Wales
Citing:
Appeal fromMirvahedy v Henley and Henley CA 21-Nov-2001
Horses with no abnormal characteristics were panicked, ran out and collided with a car. The car driver sought damages.
Held: The question was not whether the animals betrayed abnormal characteristics of which the owners should have been aware, . .
CitedBreeden v Lampard CA 21-Mar-1985
A riding accident occurred at a cubbing meet. The plaintiff’s leg was injured when the defendant’s horse kicked out. A claim was advanced under section 2. This horse, like any horse, was liable to kick out when approached too closely, or too . .
CitedCummings v Grainger CA 1977
An untrained Alsatian dog was turned loose in a scrap-yard to deter intruders. The dog seriously injured the plaintiff who had entered the yard.
Held: The requirements of section 2(2) were satisfied but the defendant was entitled to rely upon . .

Cited by:
CitedClark v Bowlt CA 26-Jun-2006
A claim was made for personal injury suffered riding a horse.
Held: The court doubted whether a propensity occasionally to move otherwise than as directed can be described as a characteristic of a horse, for the purposes of s. 2(2)(b), but, if . .
CitedWelsh v Stokes and Another CA 27-Jul-2007
The claimant sued a riding stables after she was badly injured on being thrown from the horse provided. Her claim in negligence failed, but she succeeded under strict liabiilty under the 1971 Act, after the judge relied upon hearsay evidence.
CitedFreeman v Higher Park Farm CA 30-Oct-2008
The claimant fell from a horse hired to her by the defendant. She claimed for her injuries, and appealed rejection of her claim in strict liability under the 1971 Act. The horse was known to be lively and occasionally to buck, but the claimant was a . .

Lists of cited by and citing cases may be incomplete.

Animals, Road Traffic, Personal Injury

Leading Case

Updated: 11 November 2021; Ref: scu.179981

Haley v London Electricity Board: HL 28 Jul 1964

Electricity undertakers owed a duty of care to blind persons as a class when they excavated a trench along a pavement in a London suburb because blind people foreseeably walk along pavements.

Reid, Morton of Henryton, Evershed, Hodson, Guest LL
[1964] 3 All ER 185, [1964] 3 WLR 479, [1965] AC 778, [1964] UKHL 3
Bailii
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.

Utilities, Negligence, Personal Injury

Leading Case

Updated: 10 November 2021; Ref: scu.181272

O’Brien v Robinson: HL 19 Feb 1973

The plaintiffs sought damages after being injured when the ceiling of their bedroom fell on them. They were tenants of the defendants.
Held: The 1961 Act implied a duty on L to keep in repair the structure. What was meant by ‘keep in repair.’ A landlord’s obligation to repair only arose when he had notice of the defect, and ‘He will not have notice if no one knows that there is a defect.’
Lord Diplock said: ‘At the root of any analysis of the landlord’s obligations under a repairing covenant lies the initial question whether it is an undertaking by the landlord to prevent the premises ever getting out of repair during the continuance of the tenancy or whether it is an undertaking to do work of repair upon the premises from time to time as and when they have become out of repair. If it is the former the breach occurs as soon as the premises are in fact out of repair and continues until he has put them back into repair. If it is the latter, there is involved the subsidiary question as to the time at which the landlord’s obligation to do the necessary work of repair first arises. Until that time arrives there can be no breach of the obligation: nor can there be any breach thereafter if the landlord then carries out the necessary work of repair with reasonable expedition.’

Lord Reid, Lord Morris of Borth-y-Gest, Lord Diplock, Lord Simon of Glaisdale, Lord Cross of Chelsea
[1973] UKHL 1, [1973] AC 912
Bailii
Housing Act 1961 32, Housing of the Working Classes Act 1885
England and Wales
Citing:
CitedMorgan v Liverpool Corporation CA 1927
The tenant claimed that he had been injured when as the upper portion of a window was being opened one of the cords of the window sash broke and the top part of the window slipped down and caught and injured his hand. The plaintiff admitted that the . .
CitedMcCarrick v Liverpool Corporation HL 1947
Premises’ Defect – No Notice Liability on L
The tenant’s wife was injured falling from defective stone steps leading from the kitchen to the back kitchen of the house. Under section the 1936 Act, the judge found the house not to have been kept in the state required. No notice of want of . .
CitedMakin v Watkinson 1870
The court considered the extent of a Landlord’s duty of repair where he had entered into an express covenant for the purpose. . .
CitedSummers v Salford Corporation HL 1943
The tenant had given notice to the landlord’s agent that a sash-cord in the only window of a bedroom had broken. No repair was effected and about two months later the second sash-cord broke injuring the tenant. The House was asked whether there was . .
CitedFisher v Walters KBD 1926
T complained of being injured when the ceiling fell in the house. The defect was latent.
Held: L was not liable without notice of the defect. . .
CitedGriffin v Fillet 1926
The tenant gave notice to his landlord that steps to the dwelling-house needed attention but the lessee did not know that the steps were in fact actually dangerous.
Held: The landlord’s liability rested upon the lessor when subsequently he, . .

Cited by:
CitedHussain v Mehlman CC 5-Mar-1992
(County Court) The defendant landlord granted the plaintiff a three year assured shorthold tenancy. He now appealed a finding that he was in breach of an implied covenant to maintain the space heating, and otherwise. The tenant had returned the . .
CitedBritish Telecommunications Plc v Sun Life Assurance Society Plc CA 3-Aug-1995
A landlord became in breach of his duty of repair under his covenant immediately the repairable defect occurred, not after a reasonable time had been given to make the repair. Nourse LJ summarised the earlier authorities: ‘It is now established by a . .
CitedSykes v Harry and Trustee of Estate of Harry, a Bankrupt CA 1-Feb-2001
The tenant appealed dismissal of his claim for damages. He had suffered serious injury after inhaling carbon monoxide fumes from a defective gas fire. The fire had not been maintained and a fall of soot eventually prevented the escape of fumes.
CitedEdwards v Kumarasamy SC 13-Jul-2016
The claimant sub-tenant had been injured entering the block of apartments. He said that the freeholder was responsible despite no report of the disrepair having been made. The lease excused the landlord from unnotified liability. The parties . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Landlord and Tenant

Leading Case

Updated: 10 November 2021; Ref: scu.248600

O’Connell v Jackson: CA 7 Jul 1971

Motorcyclist negligent without helmet

The plaintiff sought damages after an accident. The defendant car driver had negligently moved forward into the path of the plaintiff motor cyclist who was injured. The defendant argued that the plaintiff, a motorcyclist, was contributorily negligent in not wearing a crash helmet.
Held: Once the court had established that the plaintiff was contibutorily negligent, it then had to allow both for the extent of his responsibility for the injury and the blameworthiness of his conduct in comparison to that of the defendant in order to assess the proper reduction in damages. The Highway Code was to be relied upon, and that said that a helmet should be worn.

Russell, Edmund Davies, Cairns LJJ
[1972] 1 QB 270, [1971] CLY 3115, [1971] EWCA Civ 5, [1971] 3 All ER 129, [1971] 2 Lloyd’s Rep 354, [1971] 3 WLR 463, [1972] RTR 51, [1971] 2 LLR 354
Bailii
Law Reform (Contributory Negligence) Act 1947 81, Road Traffic Act I960 74
England and Wales
Citing:
ApprovedJones v Livox Quarries CA 25-Apr-1952
The plaintiff had ridden on the back of a kind of tractor in a quarry and in defiance of his employer’s instructions, risking being thrown off and injured. Another vehicle ran into the back of the first vehicle, injuring the plaintiff. He contended . .
AdoptedJones v Livox Quarries CA 25-Apr-1952
The plaintiff had ridden on the back of a kind of tractor in a quarry and in defiance of his employer’s instructions, risking being thrown off and injured. Another vehicle ran into the back of the first vehicle, injuring the plaintiff. He contended . .
CitedDavies v Swan Motor Co (Swansea) Ltd CA 1949
A plaintiff brought an action for damages for personal injury against the drivers of two cars.
Held: There are two aspects to apportioning responsibility between a plaintiff and defendant in an action for negligence, the respective causative . .
CitedHilder v Associated Portland Cement Co 1961
A motor cyclist was killed after being hit by a ball kicked by a boy playing in a field adjoining the highway.
Held: The failure of the motor cyclist to wear a crash helmet was not contributory negligence on his part, because (a) no advice on . .

Cited by:
DistinguishedCapps v Miller CA 30-Nov-1988
The plaintiff was injured riding with the defendant on a motor-cycle. The defendant drove negligently, and crashed. The plaintiff’s crash hemet came off and he sustained severe head injuries. He had not fastened it. The defendant appealed an . .
CitedBadger v The Ministry of Defence QBD 16-Dec-2005
The widow of the deceased sought damages after his exposure to asbestos whilst working for the defendant. He had contracted lung cancer. The defendant argued that the deceased had continued to smoke knowing of the risks, and that he had made a . .

Lists of cited by and citing cases may be incomplete.

Negligence, Personal Injury, Damages, Negligence

Leading Case

Updated: 09 November 2021; Ref: scu.216372

Matthews v Ministry of Defence: HL 13 Feb 2003

The claimant sought damages against the Crown, having suffered asbestosis whilst in the armed forces. He challenged the denial to him of a right of action by the 1947 Act.
Held: Human rights law did not create civil rights, but rather voided procedural bars to their enforcement. The issue of what is a substantive and what a procedural bar is a difficult distinction. At common law, the crown could do no wrong, and therefore no action lay against the crown. That was substantive law, and the 1947 did not stand as a bar to an action which would otherwise lie. The contention that a right existed from the happening of the injury until the Secretary of State issued his certificate did not succeed. The Act did not operate first to create then withdraw a right of action.

Bingham of Cornhill, Hoffman, Hope of Craighead, Millett, Walker of Gestingthorpe LL
Times 14-Feb-2003, [2003] UKHL 4, [2003] 2 WLR 435, Gazette 03-Apr-2003, [2003] 1 AC 1163, 14 BHRC 585, [2003] PIQR P24, [2003] UKHRR 453, [2003] ACD 42, [2003] ICR 247, [2003] 1 All ER 689, [2004] HRLR 2
House of Lords, Bailii
European Convention on Human Rights 6, Crown Proceedings Act 1947 10
England and Wales
Citing:
Appeal fromMatthews v Ministry of Defence CA 29-May-2002
The Ministry appealed against a finding that the Act, which deprived the right of a Crown employee to sue for personal injuries, was an infringement of his human rights.
Held: The restriction imposed by the section was not a procedural . .
CitedBell v Secretary of State for Defence CA 1986
The deceased was injured serving in the forces in Germany. His injury was worstened after negligent communications between army doctors. The defendant relied upon State Immunity to defend a claim, saying he had issued a certificate that he had died . .
CitedMulcahy v Ministry of Defence CA 21-Feb-1996
A soldier in the Artillery Regiment was serving in Saudi Arabia in the course of the Gulf war. He was injured when he was part of a team managing a Howitzer, which was firing live rounds into Iraq, and he was standing in front of the gun when it was . .
CitedQuinn v Ministry of Defence CA 28-Nov-1997
. .
CitedDerry v Ministry of Defence CA 18-Mar-1999
Where an army doctor was accused of failing to diagnose a serviceman’s ocular cancer, the negligence which caused the consequent injury was caused by the delay in a correct diagnosis, and the treatment fell within the scope of Crown Immunity. . .
CitedGolder v The United Kingdom ECHR 21-Feb-1975
G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his . .
CitedAshingdane v The United Kingdom ECHR 28-May-1985
The right of access to the courts is not absolute but may be subject to limitations. These are permitted by implication since the right of access ‘by its very nature calls for regulation by the State, regulation which may vary in time and place . .
CitedJames and Others v The United Kingdom ECHR 21-Feb-1986
The claimants challenged the 1967 Act, saying that it deprived them of their property rights when lessees were given the power to purchase the freehold reversion.
Held: Article 1 (P1-1) in substance guarantees the right of property. Allowing a . .
CitedStubbings and Others v The United Kingdom ECHR 22-Oct-1996
There was no human rights breach where the victims of sex abuse had been refused a right to sue for damages out of time. The question is whether and to what extent differences in otherwise similar situations justify a different treatment in law: . .
CitedPowell and Rayner v The United Kingdom ECHR 21-Feb-1990
The applicants complained of the noise generated by Heathrow Airport saying that it affected their human rights to enjoy their private life and possessions.
Held: Whether the case was analysed in terms of a positive duty on the state to take . .
CitedFayed v United Kingdom ECHR 6-Oct-1994
The Secretary of State had appointed inspectors to investigate and report on a company takeover. In their report, which was published, the inspectors made findings which were critical of and damaging to the applicants, who relied on the civil limb . .
CitedOsman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
CitedTinnelly and Sons Ltd and Others and McElduff and Others v United Kingdom ECHR 10-Jul-1998
Legislation which disallowed claimants who asserted that they had been discriminated against, on the grounds of their religious background, from appealing through the courts system, was a clear breach of their human rights. A limitation will not be . .
CitedWaite and Kennedy v Germany ECHR 18-Feb-1999
The grant of immunity from the jurisdiction of the national court to an international organisation according to a long-standing practice essential for ensuring the proper functioning of these organisations free from unilateral interference by . .
CitedZ And Others v The United Kingdom ECHR 10-May-2001
Four children complained that, for years before they were taken into care by the local authority, its social services department was well aware that they were living in filthy conditions and suffering ‘appalling’ neglect in the home of their . .
CitedMcElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom ECHR 21-Nov-2001
Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint.
Held: . .
CitedKaplan v United Kingdom ECHR 14-Dec-1978
(Admissibility) The Secretary of State had, after preliminary procedures, served notices on an insurance company disallowing it from writing any new business, because its managing director the applicant, had been found not to be a fit and proper . .

Cited by:
Appealed toMatthews v Ministry of Defence CA 29-May-2002
The Ministry appealed against a finding that the Act, which deprived the right of a Crown employee to sue for personal injuries, was an infringement of his human rights.
Held: The restriction imposed by the section was not a procedural . .
CitedBarnfather v London Borough of Islington Education Authority, Secretary of State for Education and Skills QBD 7-Mar-2003
The appellant was convicted of the crime of being a parent whose child had failed to attend school regularly. She challenged saying that the offence required no guilty act on her part, but was one of strict liability, and contrary to her human . .
CitedWilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2) HL 10-Jul-2003
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent of its property . .
CitedSecretary of State for Work and Pensions v Kehoe CA 5-Mar-2004
The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself.
Held: The denial of . .
CitedKehoe, Regina (on the Application of) v Secretary of State for Work and Pensions HL 14-Jul-2005
The applicant contended that the 1991 Act infringed her human rights in denying her access to court to obtain maintenance for her children.
Held: The applicant had no substantive right to take part in the enforcement process in domestic law . .
CitedO’Connor and Another v Wiltshire County Council CA 9-May-2007
The claimants sought compensation for the diminution in the values of their properties because of noise pollution from a new highway. The defendant highway authority said that liability had been transferred to its contractors, and it had not been . .
CitedReader and others v Molesworths Bright Clegg Solicitors CA 2-Mar-2007
The claimants were children of the victim of a road traffic accident. The solicitors were conducting a claim on his behalf for damages, but when he died, they negligently discontinued the action.
Held: The claimants’ action as dependants of . .
CitedRegina v G (Secretary of State for the Home Department intervening) HL 18-Jun-2008
The defendant was fifteen. He was convicted of statutory rape of a 13 year old girl, believing her to be 15. He appealed saying that as an offence of strict liability he had been denied a right to a fair trial, and also that the offence charged was . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Personal Injury, Armed Forces

Leading Case

Updated: 09 November 2021; Ref: scu.179117

Cox v Ergo Versicherung Ag: SC 2 Apr 2014

The deceased army officer serving in Germany died while cycling when hit by a driver insured under German law. His widow, the claimant, being domiciled in England brought her action here, claiming for bereavement and loss of dependency. The Court was asked whether German or UK law applied to the assessment of the damages.
Held: Broadly, German law was similar to the English common law before the Fatal Acidents Acts. It was unnecessary to classify the sections 1A, 3 and 4 of the Fatal Accidents Act as procedural or substantive, because they were irrelevant. If substantive, they were irrelevant because the substantive law in this case is German law. They do not lay down general rules of English law relating to the assessment of damages, even in personal injury actions, but only rules applicable to actions under the Act itself. Our general law of damages approximated to the German Law.

Lord Neuberger, President, Lord Mance, Lord Sumption, Lord Toulson, Lord Hodge
[2014] WLR(D) 150, [2014] UKSC 22, UKSC 2012/0225, [2014] 1 AC 1379, [2014] 2 WLR 948, [2014] 1 CLC 430, [2014] 2 All ER 926, [2014] RTR 20
WLRD, Bailii, Bailii Summary, SC, SC Summary
Regulation EC 44/2001, Fatal Accidents Act 1976 1(1) 1(2), Fatal Accidents Act 1846
England and Wales
Citing:
CitedBaker v Bolton and others KBD 8-Dec-1808
The plaintiff and his wife had been thrown from the roof of a coach. The plaintiff sought damages for the loss of his wife’s ‘comfort, fellowship, and assistance’.
Held: The claim failed in part: ‘the jury could only take into consideration . .
CitedRoerig v Valiant Trawlers Ltd CA 28-Jan-2002
The claimant who was Dutch, was a widow of a fisherman who had died at sea. The question on appeal was ‘in assessing damages for loss of dependency should benefits resulting from the loss be deducted from the damages?’ The claimant’s position under . .
Appeal fromCox v Ergo Versicherung Ag CA 25-Jun-2012
The deceased member of the armed forces had died in a road traffic accident in Germany. The parties didputed whether the principles governing the calculation of damages were those in the 1976 Act and UK law, or under German law.
Held: ‘There . .
At first instanceCox v Ergo Versicherung Ag and Another QBD 28-Oct-2011
The deceased died in a road traffic accident whilst serving in the Armed forces in Germany. The driver was insured under German law. The widow now claimed damages in England. She had entered a new relationship.
Held: The object of section 844 . .
CitedHarding v Wealands HL 5-Jul-2006
Claim in UK for Accident in Australia
The claimant had been a passenger in a car driven by his now partner. They had an accident in New South Wales. The car was insured in Australia. He sought leave to sue in England and Wales because Australian law would limit the damages.
Held: . .
CitedSeward v The Vera Cruz HL 1884
The House was asked to rule upon the nature of a fatal accident claim as established by the 1846 Act, Lord Campbell’s Act – was it such as to be within the jurisdiction of the Admiralty Division?
Held: Earl of Selbourne LC said: ‘Lord . .
CitedPhrantzes v Argenti CA 1960
The court was asked to enforce payment of a dowry which was owed under Greek law.
Held: English law does not guarantee a remedy for every foreign cause of action. Lord Parker CJ said that to be available in support of a foreign cause of . .
CitedClark (Inspector of Taxes) v Oceanic Contractors Inc HL 16-Dec-1982
HL Income tax, Schedule E – Non-resident employer – Employees working in U.K. sector of North Sea – Whether employer liable to deduct tax from emoluments – Income Tax (Employments) Regulations 1973 – Income and . .
CitedCoupland v Arabian Gulf Oil Co QBD 1983
The plaintiff employee, injured whilst working for the defendant in Libya, sued in contract and tort. The judge held that Libyan law was the proper law of the contract, but that this was of no relevance to the claim in tort which could proceed here . .
CitedDavidsson v Hill CA 1901
Ships collided at sea. The negligent crew were aboard the British ship. A crew member on the Norwegian ship died in the collision, and his family sued here.
Held: The family had a right of action against the defendant owners of the British . .
CitedBoys v Chaplin HL 1969
The plaintiff sued in England for a traffic accident which had happened in Malta. The law of Malta would have denied certain elements of damages which would be available in this jurisdiction.
Held: Liability in respect of the road accident in . .
CitedThe Esso Malaysia 1974
A Russian seaman died as the result of a collision in international waters between two foreign registered vessels. His family sought to claim here.
Held: The benefit of the Fatal Accidents Acts can, in principle, be claimed by a foreigner. The . .
CitedM’Elroy v M’Allister SCS 4-Nov-1948
The court rejected the renvoi doctrine in tort. An act done in a foreign country was actionable in Scotland only if it was, if done in Scotland, a tort, and was also actionable according to the law of the place in which it was done. . .
CitedSouth 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 . .
CitedRaffelsen Zentralbank Osterreich Ag v Five Star General Trading Llc and Others CA 1-Mar-2001
An assigned marine insurance policy was subject to a claim. The issue was the ability of an assignee to claim as a claim in contract where the proper law was that under which the contract was made, or a claim of an intangible right to claim against . .
CitedKuwait Airways Corporation v Iraqi Airways Company and Others (Nos 4 and 5) HL 16-May-2002
After the invasion of Kuwait, the Iraqi government had dissolved Kuwait airlines, and appropriated several airplanes. Four planes were destroyed by Allied bombing, and 6 more were appropriated again by Iran.
Held: The appeal failed. No claim . .
CitedSerco Ltd v Lawson; Botham v Ministry of Defence; Crofts and others v Veta Limited HL 26-Jan-2006
Mr Lawson was employed by Serco as a security supervisor at the British RAF base on Ascension Island, which is a dependency of the British Overseas Territory of St Helena. Mr Botham was employed as a youth worker at various Ministry of Defence . .
CitedDuncombe and Others v Secretary of State for Children, Schools and Families (No 2) SC 15-Jul-2011
The court considered whether a teacher employed by the Secretary of State to teach in one of its European Schools was entitled to protection against unfair dismissal.
Held: The claimants’ appeals were allowed and the cases remitted to the . .
CitedRavat v Halliburton Manufacturing and Services Ltd SC 8-Feb-2012
The respondent was employed by the appellant. He was resident in GB, and was based here, but much work was overseas. At the time of his dismissal he was working in Libya. The company denied that UK law applied. He alleged unfair dismissal.
CitedDuncombe and Others v Secretary of State for Children, Schools and Families (No 2) SC 15-Jul-2011
The court considered whether a teacher employed by the Secretary of State to teach in one of its European Schools was entitled to protection against unfair dismissal.
Held: The claimants’ appeals were allowed and the cases remitted to the . .

Cited by:
CitedMoreno v The Motor Insurers’ Bureau SC 3-Aug-2016
The claimant had been severely injured when hit by a car in Greece. The car’s driver was uninsured. The Court was now asked whether the scope of her claim to damages was to be determined in accordance with English or Greek law. The implementation of . .

Lists of cited by and citing cases may be incomplete.

European, Damages, Personal Injury

Leading Case

Updated: 09 November 2021; Ref: scu.523422

Cookson v Knowles: HL 24 May 1978

The House described the approach to the calculation of damages for a dependency under the Fatal Accidents Acts.
Held: The multipliers in Fatal Accidents Act cases should be calculated from the date of death.
Sections 3 and 4 mark a departure from the ordinary principles of assessment in English law, which can fairly be described as anomalous, providing for what Lord Diplock called an ‘artificial and conjectural exercise’ whose ‘purpose is no longer to put dependants, particularly widows, in the same economic position as they would have been in had their late husband lived.’
Lord Fraser of Tullybelton said: ‘The court has to make the best estimates that it can having regard to the deceased’s age and state of health and to his actual earnings immediately before his death, as well as to the prospects of any increases in his earnings due to promotion or other reasons.’
and . . ‘In a personal injury case, if the injured person has survived until the date of trial, that is a known fact and the multiplier appropriate to the length of his future working life has to be ascertained as at the date of trial. But in a fatal accident case the multiplier must be selected once and for all as at the date of death, because everything that might have happened to the deceased after that date remains uncertain.’
Lord Diplock said: ‘When the first Fatal Accidents Act was passed in 1846, its purpose was to put the dependants of the deceased, who had been the bread-winner of the family, in the same position financially as if he had lived his natural span of life. In times of steady money values, wages levels and interest rates this could be achieved in the case of the ordinary working man by awarding to his dependants the capital sum required to purchase an annuity of an amount equal to the annual value of the benefits with which he had provided them while he lived, and for such period as it could reasonably be estimated they would have continued to enjoy them but for his premature death. Although this does not represent the way in which it is calculated such a capital sum may be expressed as the product of multiplying an annual sum which represents the ‘dependency’ by a number of years’ purchase. This latter figure is less than the number of years which represents the period for which it is estimated that the dependants would have continued to enjoy the benefit of the dependency, since the capital sum will not be exhausted until the end of that period and in the meantime so much of it as it not yet exhausted in each year will earn interest from which the dependency for that year could in part be met. The number of years’ purchase to be used in order to calculate the capital value of an annuity for a given period of years thus depends upon the rate of interest which it is assumed that money would earn, during the period. The higher the rate of interest, the lower the number of years’ purchase . . ”

Lord Diplock, Lord Fraser of Tullybelton
[1979] AC 556, [1978] UKHL 3, [1978] 2 WLR 978, [1978] 2 All ER 604
Bailii
Fatal Accidents Act 1976 4
England and Wales
Citing:
Appeal fromCookson v Knowles CA 1977
Lord Denning MR said: ‘In Jefford v Gee . . we said that, in personal injury cases, when a lump sum is awarded for pain and suffering and loss of amenities, interest should run ‘ from the date of service of the ‘writ to the date of trial’. At that . .

Cited by:
CitedCooke, Sheppard, Page v United Bristol Health Care, Stibbe and Another, Lee CA 16-Oct-2003
The claimant appealed against his damages award, saying that it should have allowed for the anticipated rises in the cost of providing his care in the future.
Held: Rises in future costs were already factored into the tables used for . .
CitedA Train and Sons Ltd v Fletcher CA 24-Apr-2008
Appeal re award of interest on claim under Fatal Accidents Act.
Hooper LJ confessed: ‘I do not understand why chronological years are deducted from the multiplier’. . .
CitedCox v Ergo Versicherung Ag CA 25-Jun-2012
The deceased member of the armed forces had died in a road traffic accident in Germany. The parties didputed whether the principles governing the calculation of damages were those in the 1976 Act and UK law, or under German law.
Held: ‘There . .
Not followedKnauer v Ministry of Justice SC 24-Feb-2016
The court was asked: ‘whether the current approach to assessing the financial losses suffered by the dependant of a person who is wrongfully killed properly reflects the fundamental principle of full compensation, and if it does not whether we . .

Lists of cited by and citing cases may be incomplete.

Damages, Personal Injury

Leading Case

Updated: 02 November 2021; Ref: scu.187194

Michael Alexander Watson v British Boxing Board of Control Ltd, World Boxing Organisation Incorporated: CA 19 Dec 2000

The claimant was seriously injured in a professional boxing match governed by rules established by the defendant’s rules. Ringside medical facilities were available, but did not provide immediate resuscitation. By the time he received resuscitation in hospital he had sustained permanent brain damage which such treatment would have prevented.
Held: A body which had responsibility for licensing and setting conditions for the boxing matches was liable in negligence when, having assumed responsibility for the boxer’s medical care, the standards it set were inadequate. The setting of rules could be akin to the giving of advice and thus had an indirect influence on the occurrence of the injury. Had the Board said nothing, it might not be liable, but once it gave advice by setting rules, it came to be responsible. If it had in place the appropriate protocols for provision of medical care, the claimant’s injuries would not have been so severe. ‘It seems to me that the authorities support a principle that, where A places himself in a relationship to B in which B’s physical safety becomes dependant upon the acts and omissions of A, A’s conduct can suffice to impose on A a duty to exercise reasonable care for B’s safety.’ and ‘Had the board simply given advice to all involved in professional boxing as to appropriate medical precautions, it would be strongly arguable that there was insufficient proximity between the board and individual boxers to give rise to a duty of care. The board, however, went far beyond this. It made provision in its rules for the medical precautions to be employed and made compliance with these rules mandatory.’

Lord Phillips MR
Gazette 22-Mar-2001, Times 02-Feb-2001, [2000] EWCA Civ 2116, [2001] QB 1134, [2001] PIQR 16
Bailii, Bailii
England and Wales
Citing:
ConsideredPerrett v Collins, Underwood PFA (Ulair) Limited (T/a Popular Flying Association) CA 22-May-1998
The plaintiff was a passenger in an aircraft which crashed, and there was a preliminary issue as to the liability to him of those who certified that the aircraft was fit to fly. The propeller was mismatched to the gearbox.
Held: A certifying . .
Appeal fromWatson v British Board of Boxing Control QBD 12-Oct-1999
A governing body of a sport, had a duty to insist on arrangements for sporting events, held under its aegis, to ensure proper access to medical aid. There was no contract between the parties, but boxers had to fight under the Board’s rules. A . .
AppliedBarrett v Ministry of Defence CA 3-Jan-1995
The deceased was an off-duty naval airman. The claim was based upon the alleged negligent failure of the defendant to enforce disciplinary regulations against drunkenness so as to protect the deceased against his own known proclivity for alcohol . .

Cited by:
CitedBinod Sutradhar v Natural Environment Research Council CA 20-Feb-2004
The defendant council had carried out research into a water supply in India in the 1980s. The claimant drank the water, and claimed damages for having consumed arsenic in it.
Held: There is a close link between the tests in law for proximity . .
CitedJane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions CA 5-Nov-2004
The claimant’s husband died when his car skidded on hoar frost. She claimed the respondent was liable under the Act and at common law for failing to keep it safe.
Held: The respondent had not assumed a general responsibility to all road users . .
CitedSutradhar v Natural Environment Research Council HL 5-Jul-2006
Preliminary Report of Risk – No Duty of Care
The claimant sought damages after suffering injury after the creation of water supplies which were polluted with arsenic. He said that a report had identified the risks. The defendant said that the report was preliminary only and could not found a . .
CitedCalvert v William Hill Credit Ltd ChD 12-Mar-2008
The claimant said that the defendant bookmakers had been negligent in allowing him to continue betting when they should have known that he was acting under an addiction. The defendant company had a policy for achieving responsible gambling, . .
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.

Administrative, Personal Injury, Negligence

Leading Case

Updated: 02 November 2021; Ref: scu.135634

Dryden and Others v Johnson Matthey Plc: SC 21 Mar 2018

Sensitisation to salt can be personal injury

The claimants, had developed platinum salt sensitisation due to the defendant employer’s breach of health and safety regulations and common law duty, claimed a cause of action for personal injury. Platinum salt sensitisation is, in itself, an asymptomatic condition but further exposure to chlorinated platinum salts is likely to cause someone with platinum salt sensitisation to develop an allergic reaction involving physical symptoms such as running eyes or nose, skin irritation, and bronchial problems.
Held: The claimants’ appeal was allowed. The claimants had suffered what counted as bodily damage sufficient to found and action for personal injury.
Held: A hidden and symptomless but non-negligible physical change was actionable: ‘ The physiological changes to the claimants’ bodies may not be as obviously harmful as, say, the loss of a limb, or asthma or dermatitis, but harmful they undoubtedly are. Cartledge establishes that the absence of symptoms does not prevent a condition amounting to actionable personal injury, and an acceptance of that is also implicit in the sun sensitivity example, in which the symptoms would only be felt upon exposure to sunshine, just as the symptoms here would only be felt upon exposure to platinum salts. What has happened to the claimants is that their bodily capacity for work has been impaired and they are therefore significantly worse off. They have, in my view, suffered actionable bodily damage, or personal injury, which, given its impact on their lives, is certainly more than negligible.’
Lady Black, with whom the other Justices of the Supreme Court agreed, said that, as well as the usual reference to pain, suffering and loss of amenity, personal injury has been considered to consist of a physical change which makes the claimant appreciably worse off in respect of his or her health or capability and as including an injury sustained to a person’s physical capacity of enjoying life. She concluded that what had happened to the claimants was that their bodily capacity for work had been impaired and, therefore, they were significantly worse off: they had suffered actual bodily damage, or personal injury, which, given its impact on their lives, was more than negligible.

Lady Hale, President, Lord Wilson, Lord Reed, Lady Black, Lord Lloyd-Jones
[2018] UKSC 18, [2018] ICR 715, (2018) 161 BMLR 1, [2018] WLR(D) 182, [2018] PIQR P12, [2018] 2 WLR 1109, UKSC 2016/0140
Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Video Summary, SC 27 Nov 17 am, SC 27 Nov 17 pm, SC 28 Nov 17 am
England and Wales
Citing:
At QBDGreenway and Others v Johnson Matthey Plc QBD 26-Nov-2014
The five claimants had been employed by the defendant. Whilst at work, and in breach of Health an Safety regulations, they had been exposed to complex halogenated platinum salts, and now claimed a sensitisation to such salts. The defendant argued . .
At CAGreenway and Others v Johnson Matthey Plc CA 28-Apr-2016
The claimants had been exposed to platinum salts while employed by the defendant company in breach of the employer’s duties in negligence and Health and Safety. Though they had suffered no symptoms, they claimed in damages. The employer said that no . .
CitedCartledge v E Jopling and Sons Ltd HL 1963
The plaintiffs were steel dressers who, in the course of their employment, had inhaled quantities of noxious dust which had caused them to suffer from pneumoconiosis. They issued proceedings on 1 October 1956 but were unable to show any breach of . .
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 . .
CitedFair v London and North Western Rly Co QBD 1869
In actions for personal injuries, the court is constantly required to form an estimate of chances and risks which cannot be determined with anything like precision; for example, the possibility that the injury will improve, or deteriorate, or the . .

Cited by:
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 . .
CitedPaul and Another v The Royal Wolverhampton NHS Trust QBD 4-Jun-2020
Nervous shock – liability to third parties
The claimants witnessed the death of their father from a heart attack. They said that the defendant’s negligent treatment allowed the attack to take place. Difficult point of law about the circumstances in which a defendant who owes a duty of care . .

Lists of cited by and citing cases may be incomplete.

Negligence, Personal Injury

Updated: 02 November 2021; Ref: scu.608730

Simpson v Norfolk and Norwich University Hospital NHS Trust: CA 12 Oct 2011

The court was asked whether it was possible to assign as a chose in action a cause of action in tort for damages for personal injury, and if so under what circumstances it was possible.
Held: The appeal was dismissed. The claimant did not have an interest in the injured party’s claim of a kind that the law should or does recognise as sufficient to support an assignment of what would otherwise be a bare right of action. She was therefore guilty of ‘wanton and officious intermeddling with the disputes of others’ and ‘The assignment in this case plainly savours of champerty, given that it involves the outright purchase by Mrs. Simpson of a claim which, if it is successful, would lead to her recovering damages in respect of an injury that she has not suffered.’

Maurice Kay VP LJ, Janet Smith D, Moore-Bick LJ
[2011] EWCA Civ 1149, (2012) 124 BMLR 1, [2012] 1 Costs LO 9, [2012] 1 All ER 1423, [2012] PIQR P2, [2012] 2 WLR 873, [2012] QB 640
Bailii
England and Wales
Citing:
CitedTrendtex Trading Corporation v Credit Suisse HL 1981
A party had purported to sue having taken an assignment of a dishonoured letter of credit, in the context of the abolition of maintenance and champerty as crimes and torts in the 1967 Act.
Held: The assignment was struck down as champertous, . .
CitedTorkington v Magee 11-Jul-1902
Chose in Action defined
The effect of the 1873 Act was essentially procedural and it did not render choses in action that had not previously been assignable in equity capable of assignment.
Channell J defined a debt or other legal chose in action: ”Chose in Action’ . .
CitedOrd v Upton CA 7-Jan-2000
A bankrupt labourer (aged 30) after the bankruptcy order issued a writ against a doctor who had treated him for back pain before the bankruptcy order, claiming damages for negligence, including damages for pain and suffering as well as damages for . .
CitedTolhurst v Associated Portland Cement Manufacturers Ltd 1902
. .
CitedSibthorpe and Morris v London Borough of Southwark CA 25-Jan-2011
The court was asked as to the extent to which the ancient rule against champerty prevents a solicitor agreeing to indemnify his claimant client against any liability for costs which she may incur against the defendant in the litigation in which the . .
CitedBritish Cash and Parcel Conveyors Ltd v Lamson Store Service Co Ltd 1908
The court explained the law underlying the civil and criminal penalties for the maintenance of an action by third parties: ‘It is directed against wanton and officious intermeddling with the disputes of others in which the [maintainer] has no . .
CitedEllis v Torrington CA 1920
An assignment of the benefit of a covenant in a lease held to be sufficiently connected with enjoyment of the property as not to be a bare right of action. The assignment was not void.
Scrutton LJ stated that the assignee of a cause of action . .
CitedPeters v General Accident Fire and Life Assurance Corporation Ltd 1938
Held: A policy of motor insurance was personal to the original policyholder and incapable of being assigned to a purchaser of the vehicle in respect of which it had been issued, since the identity of the insured was material to the risk undertaken . .
CitedCompania Colombiana de Seguros v Pacific Steam Navigation Co 1964
The court considered the situation arising where an insurer took an sssignment of the right of action from the insured.
Held: Once there has been an effective assignment of a chose in action, the assignor has no continuing interest in the . .
CitedGiles v Thompson, Devlin v Baslington (Conjoined Appeals) HL 1-Jun-1993
Car hire companies who pursued actions in motorists’ names to recover the costs of hiring a replacement vehicle after an accident, from negligent drivers, were not acting in a champertous and unlawful manner. Lord Mustill said: ‘there exists in . .
CitedRegina (Factortame Ltd and Others) v Secretary of State for Transport, Local Government and the Regions (No 8) CA 3-Jul-2002
A firm of accountants had agreed to provide their services as experts in a case on the basis that they would be paid by taking part of any damages awarded. The respondent claimed that such an agreement was champertous and unlawful.
Held: The . .
CitedHolden v Thompson 1907
Several children were removed by their impoverished parents from the care of a religious institution. A charity supporting them, employed solicitors to act for them to defend proceedings brought by the institution. The solicitors now sought their . .
CitedPressos Compania Naviera S A And Others v Belgium ECHR 20-Nov-1995
When determining whether a claimant has possessions or property within the meaning of Article I the court may have regard to national law and will generally do so unless the national law is incompatible with the object and purpose of Article 1. Any . .
CitedShaws (EAL) Ltd v Pennycook CA 2-Feb-2004
Tenant’s First Notice to terminate, stood
The landlord served a notice to terminate the business lease. The tenant first served a notice to say that it would not seek a new lease, but then, and still within the time limit, it served a second counter-notice seeking a new tenancy. The . .
CitedWilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2) HL 10-Jul-2003
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent of its property . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Torts – Other, Contract

Updated: 02 November 2021; Ref: scu.445405

Fairchild v Glenhaven Funeral Services Ltd and Others: HL 20 Jun 2002

The claimants suffered mesothelioma after contact with asbestos while at work. Their employers pointed to several employments which might have given rise to the condition, saying it could not be clear which particular employment gave rise to the condition. The claimants appealed dismissal of their claim.
Held: It is for a claimant to prove that a defendant’s breach of duty caused the loss for which he claims. The situation as it stood created substantial injustice. The Court of Appeal had applied the conventional test of whether it could be shown that the condition would not have been suffered but for the employment. The overall object of tort law was to define cases in which the law might justly hold one party liable to compensate another. This case raised inconsistent policy considerations. In such circumstances justice could only be served by holding both possible sources of the disease responsible.
Lord Bingham said: ‘In a personal injury action based on negligence or breach of statutory duty the claimant seeks to establish a breach by the defendant of a duty owed to the claimant, which has caused him damage. For the purposes of analysis, and for the purpose of pleading, proving and resolving the claim, lawyers find it convenient to break the claim into its constituent elements: the duty, the breach, the damage and the causal connection between the breach and the damage. In the generality of personal injury actions, it is of course true that the claimant is required to discharge the burden of showing that the breach of which he complains caused the damage for which claims and to do so by showing that but for the breach he would not have suffered the damage.’
Lord Nicholls of Birkenhead spoke of new departures in the law: ‘To be acceptable the law must be coherent. It must be principled. The basis on which one case, or one type of case, is distinguished from another should be transparent and capable of identification. When a decision departs from principles normally applied, the basis for doing so must be rational and justifiable if the decision is to avoid the reproach that hard cases make bad law.’

Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hutton and Lord Rodger of Earlsferry
Times 21-Jun-2002, [2002] UKHL 22, [2003] 1 AC 32, [2002] Lloyds Rep Med 361, [2002] 3 All ER 305, [2002] PIQR P28, (2002) 67 BMLR 90, [2002] 3 WLR 89, [2002] ICR 798
House of Lords, Bailii
England and Wales
Citing:
CitedMcGhee v National Coal Board HL 1973
The claimant who was used to emptying pipe kilns at a brickworks was sent to empty brick kilns where the working conditions were much hotter and dustier. His employers failed, in breach of their duty, to provide him with washing facilities after his . .
ApprovedWilsher v Essex Area Health Authority HL 24-Jul-1986
A premature baby suffered injury after mistaken treatment by a hospital doctor. He had inserted a monitor into the umbilical vein. The claimant suggested the treatment should have been by a more senior doctor. The hospital appealed a finding that it . .
ApprovedBonnington Castings Ltd v Wardlaw HL 1-Mar-1956
The injury of which the employee complained came from two sources, a pneumatic hammer, in respect of which the employers were not in breach of the relevant Regulations; and swing grinders, in respect of which they were in breach.
Held: It had . .
Appeal fromFairchild v Glenhaven Funeral Services Ltd and Others, Dyson and Another v Leeds City Counci CA 11-Dec-2001
Where a claimant suffered mesothelioma, contracted whilst working with asbestos, but the disease may have been contracted from inhalation at different times, and with different employers, his claim must fail since it was not possible to identify . .
CitedChapman v Hearse, Baker v Willoughby HL 26-Nov-1969
The plaintiff, a pedestrian had been struck by the defendant’s car while crossing the road. The plaintiff had negligently failed to see the defendant’s car approaching. The defendant had a clear view of the plaintiff prior to the collision, but was . .
CitedEmpress Car Company (Abertillery) Ltd v National Rivers Authority HL 22-Jan-1998
A diesel tank was in a yard which drained into a river. It was surrounded by a bund to contain spillage, but that protection was over ridden by an extension pipe from the tank to a drum outside the bund. Someone opened a tap on that pipe so that . .
CitedKuwait Airways Corporation v Iraqi Airways Company and Others (Nos 4 and 5) HL 16-May-2002
After the invasion of Kuwait, the Iraqi government had dissolved Kuwait airlines, and appropriated several airplanes. Four planes were destroyed by Allied bombing, and 6 more were appropriated again by Iran.
Held: The appeal failed. No claim . .
CitedRahman v Arearose Limited and Another, University College London, NHS Trust CA 15-Jun-2000
The claimant had suffered a vicious physical assault from which the claimant’s employers should have protected him, and an incompetently performed surgical operation. Three psychiatrists agreed that the aetiology of the claimant’s very severe . .
CitedNicholson v Atlas Steel Foundry and Engineering Co Ltd HL 1957
The deceased had worked in the defender’s steel foundry, inhaling there siliceous dust particles. He contracted pneumoconiosis and died. The complaints related to the defender’s failure to provide adequate ventilation to extract the dust. The . .
CitedGardiner v Motherwell Machinery and Scrap Co Ltd HL 1961
The pursuer had worked for the defenders for three months, demolishing buildings, and had contracted dermatitis. He claimed that they had not provided him with adequate washing facilities and that failure caused the dermatitis. On appeal the . .

Cited by:
CitedSix Continents Retail Ltd v Carford Catering Ltd, R Bristoll Ltd CA 5-Nov-2003
The claimant’s premises had been destroyed by fire. They sought damages from the designers for negligence. . .
CitedCoudert Brothers v Normans Bay Limited (Formerly Illingworth, Morris Limited) CA 27-Feb-2004
The respondent had lost its investment in a Russian development, and the appellants challenged a finding that they had been negligent in their advice with regard to the offer documents.
Held: As to the basis of calculation of damages as to a . .
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 . .
CitedChester v Afshar HL 14-Oct-2004
The claimant suffered back pain for which she required neurosurgery. The operation was associated with a 1-2% risk of the cauda equina syndrome, of which she was not warned. She went ahead with the surgery, and suffered that complication. The . .
CitedGregg v Scott HL 27-Jan-2005
The patient saw his doctor and complained about a lump under his arm. The doctor failed to diagnose cancer. It was nine months before treatment was begun. The claimant sought damages for the reduction in his prospects of disease-free survival for . .
CitedRothwell v Chemical and Insulating Co Ltd and Another CA 26-Jan-2006
Each claimant sought damages after being exposed to asbestos dust. The defendants resisted saying that the injury alleged, the development of pleural plaques, was yet insufficient as damage to found a claim.
Held: (Smith LJ dissenting) The . .
CitedAD and OH (A Child) v Bury Metropolitan Borough Council CA 17-Jan-2006
The claimants, mother and son, sought damages from the respondent after they had commenced care proceedings resulting in the son being taken into temporary care. The authority had wrongly suspected abuse. The boy was later found to suffer brittle . .
CitedBarker v Corus (UK) Plc HL 3-May-2006
The claimants sought damages after contracting meselothemia working for the defendants. The defendants argued that the claimants had possibly contracted the disease at any one or more different places. The Fairchild case set up an exception to the . .
CitedBrett v University of Reading CA 14-Feb-2007
The deceased’s personal representative sought damages after the death from mesothelioma after working for the defendant for many years. . .
CitedRolls Royce Industrial Power (India) Ltd v Cox CA 22-Nov-2007
The claimant was the widow of a man who died from mesothelioma after alleged asbestos contamination working for the appellant. The defendant appealed on liability saying that there was insufficient evidence of causation since there was little to . .
CitedAshley and Another v Chief Constable of Sussex Police HL 23-Apr-2008
The claimants sought to bring an action for damages after a family member suspected of dealing drugs, was shot by the police. At the time he was naked. The police officer had been acquitted by a criminal court of murder. The chief constable now . .
CitedEnvironment Agency v Ellis CA 17-Oct-2008
The claimant was injured working for the appellants. The appellants now appealed the finding that they were responsible saying that other factors contributed to the injury, and in particular that he had fallen at home. The claimant said that that . .
CitedSanderson v Hull CA 5-Nov-2008
Insufficient proof of cause of infection
The claimant worked as a turkey plucker. She caught an infection (campylobacter enteritis) at work, and the employer now appealed against a finding of liability. The employer said that the only necessary protection was regular washing of hands. The . .
CitedWootton v J Docter Ltd and Another CA 19-Dec-2008
The claimant sought damages saying that the contraceptive pill dispensed by the defendant was not the one prescribed by her doctor, and that she had become pregnant and suffered the losses claimed namely care, expenses and loss of earnings flowing . .
CitedHalsey v Milton Keynes General NHS Trust etc CA 11-May-2004
The court considered the effect on costs orders of a refusal to take part in alternate dispute resolution procedures. The defendant Trust had refused to take the dispute to a mediation. In neither case had the court ordered or recommended ADR.
CitedSienkiewicz v Greif (UK) Ltd; Knowsley Metropolitan Borough Council v Willmore SC 9-Mar-2011
The Court considered appeals where defendants challenged the factual basis of findings that they had contributed to the causes of the claimant’s Mesothelioma, and in particular to what extent a court can satisfactorily base conclusions of fact on . .
AppliedWillmore v Knowsley Metropolitan Borough Council QBD 24-Jul-2009
The claimant sought damages for personal injury, saying that she had now contracted mesolthelioma having been exposed to asbestos whilst a pupil at a school run by the defendant’s predecessors.
Held: The authority was liable. . .
CitedSutton v Syston Rugby Football Club Ltd CA 20-Oct-2011
Rugby Field Inspection Adequate not detailed
The claimant was injured training for rugby. His knee was hurt by a sharp object left behind by previous users, but almost hidden. He said that the defendants were negligent in not having inspected the pitch before training. The club appealed saying . .
CitedAXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011
Standing to Claim under A1P1 ECHR
The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable . .
CitedEmployers’ Liability Insurance ‘Trigger’ Litigation: BAI (Run Off) Ltd v Durham and Others SC 28-Mar-2012
The court considered the liability of insurers of companies now wound up for mesothelioma injuries suffered by former employees of those companies, and in particular whether the 1930 Act could be used to impose liability. The insurers now appealed . .
CitedEmployers’ Liability Policy ‘Trigger’ Litigation; Durham v BAI (Run off) Ltd etc QBD 21-Nov-2008
The court heard six claims against companies restored to the register of companies to make claims under their insurance policies for personal injury in the form of death from mesothelioma from asbestos, and particularly whether liability could be . .
CitedEmployers’ Liability Insurance ‘Trigger’ Litigation, Re CA 8-Oct-2010
Companies restored to the register, and the personal representatives of former employees, appealed against rejection of their claims from the insurers of the former companies for damages from mesothelioma following exposure to asbestos during . .
CitedZurich Insurance Plc UK Branch v International Energy Group Ltd SC 20-May-2015
A claim had been made for mesothelioma following exposure to asbestos, but the claim arose in Guernsey. Acknowledging the acute difficultis particular to the evidence in such cases, the House of Lords, in Fairchild. had introduced the Special Rule . .
CitedCampbell v Gordon SC 6-Jul-2016
The employee was injured at work, but in a way excluded from the employers insurance cover. He now sought to make the sole company director liable, hoping in term to take action against the director’s insurance brokers for negligence, the director . .
CitedWillers v Joyce and Another (Re: Gubay (Deceased) No 1) SC 20-Jul-2016
Parties had been involved in an action for wrongful trading. This was not persisted with but the claimant sought damages saying that the action was only part of a campaign to do him harm. This appeal raised the question whether the tort of malicious . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Health and Safety

Leading Case

Updated: 01 November 2021; Ref: scu.174011

Ward v Tesco Stores Ltd: CA 1976

The claimant slipped on the contents of a yoghurt pot which had spilled onto the floor of the supermarket. The defendants gave evidence of frequent inspection and sweeping of the supermarket floor with instructions to the staff to clear up spillages wherever they were noticed, but they did not adduce any evidence as to when the store had last been brushed before the plaintiff’s accident. There was no evidence before the Court as to whether the floor had been brushed a few moments before the accident or as long as an hour or an hour and a half earlier so that the Court was left without information on what was an important matter. In those circumstances the trial judge considered that prima facie the accident would not have happened, had the defendants taken reasonable care.
Held: It was not for the plaintiff to have to show how long it had been there. This sort of accident did not happen in the ordinary course of events if the floor was kept clean and spillages dealt with as soon as they occurred. The probability was that the spillage had been on the floor long enough to be dealt with. Hence there was an evidential burden on the defendant to show that accident did not arise from want of proper care on their part. Ormrod LJ dissented.
Megaw LJ said: ‘It is for the plaintiff to show that there has occurred an event which was unusual and which in the absence of explanation is more consistent with fault on the part of the defendants than absence of fault.’ and
‘When the plaintiff has established that the defendants can still escape from liability they could escape from liability if they could show that the accident must have happened, or even on balance of probability would have been likely to have happened, even if there had been in existence a proper and adequate system in relation to the circumstances to provide for the safety of customers. But if the defendants wish to put forward such a case it is for them to show that on the balance of probability either by evidence or by inference from the evidence that is given or is not given this accident would have been at least equally likely to have happened despite a proper system designed to give reasonable protection to customers. That, in this case, they wholly failed to do. Really the essence of counsel for the defendant in any possible argument – and he did not shrink from it – was: ‘never mind whether we had no system at all; still, as the plaintiffs failed to show that the yoghurt was spilt within a few seconds before the accident, she must fail. As I have said, in the circumstances of this case, I do not think that the plaintiff, to succeed, had to prove how long it was since the defendants’ floor had become slippery.’ Devlin J’s statement in Richards was not a statement of general principle.
Lawton LJ said: ‘Such burden of proof as there is on defendants . . is evidential, not probative. The trial Judge thought that prima facie this accident would not have happened had the defendants taken reasonable care. In my judgment he was justified in taking that view because the probabilities were that the spillage had been on the floor long enough for it to have been cleaned up by a member of the staff.’

Megaw LJ, Lawton LJ , Ormrod LJ
[1976] 1 WLR 810, [1976] 1 All ER 219
England and Wales
Citing:
RestrictedRichards v W F White and Co 1957
The plaintiff slipped on oil and fell suffering injury, and claimed damages.
Held: There had to be some evidence to show how long the oil had been present and some evidence from which it could be inferred that a prudent occupier of the . .

Cited by:
CitedLaverton v Kiapasha (T/A Takeaway Supreme) CA 19-Nov-2002
Slipping on wet floor of takeaway – claimant had too much to drink – wearing high heels.
Held: ‘There is a distinction between particular dangers such as greasy spillages, which it is reasonable to expect a shopkeeper to deal with . .
CitedTedstone v Bourne Leisure Ltd (T/A Thoresby Hall Hotel and Spa) CA 7-May-2008
A leisure centre appealed a finding of liability under the 1957 Act after a customer slipped on water by a jacuzzi and injured herself, saying that the judge imposed too high a duty of care.
Held: The appeal succeeded. ‘If the claimant can . .
CitedHarrison v Derby City Council CA 21-Apr-2008
The claimant injured herself tripping over a depression in the pavement. The council appealed a finding that it was in breach of its duty, saying that it had inspected the footway every six months.
Held: The appeal succeeded. Any collapse at . .
CitedHall v Holker Estate Co Ltd CA 17-Dec-2008
The claimant was injured playing football with his son while playing football at a caravan park owned by the defendant. He appealed dismissal of his claim. They had been using goal posts which collapsed on him injuring his face. It had not been . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Torts – Other

Leading Case

Updated: 01 November 2021; Ref: scu.200647

Pickett v British Rail Engineering: HL 2 Nov 1978

Lost Earnings claim Continues after Death

The claimant, suffering from mesothelioma, had claimed against his employers and won, but his claim for loss of earnings consequent upon his anticipated premature death was not allowed. He began an appeal, but then died. His personal representatives appealed.
Held: The House assumed that, because the claimant had brought a successful claim for his personal injury, a claim by his dependants under the Fatal Accidents Act was precluded, although Lord Salmon emphasised that he expressed no concluded opinion about the correctness of that assumption. Damages could be recovered for loss of earnings in the claimant’s lost years. Only in this way could provision be made for the loss to be suffered by the dependants. Referring to Skelton: ‘The judgments, further, bring out an important ingredient, which I would accept, namely that the amount to be recovered in respect of the earnings in the ‘lost’ years should be that amount after deduction of an estimated sum to represent the victim’s probable living expenses during those years.
There is the additional merit of bringing awards under this head into line with what could be recovered under the Fatal Accidents Acts.’

Lord Wilberforce, Lord Salmon, and Lord Edmund-Davies
[1980] AC 136, [1978] UKHL 4
Bailii
Fatal Accidents Act 1976 1(1)
England and Wales
Citing:
OverruledOliver v Ashman CA 1961
The rule that loss of earnings, in the years lost to an injured plaintiff whose life expectancy had been shortened, were not recoverable, was still good law.
Pearce LJ summarised the authorities: ‘The Law Reform Miscellaneous Provisions Act . .
FollowedSkelton v Collins 7-Mar-1966
(High Court of Australia) Damages – Personal Injuries – Loss of earning capacity – Loss of expectation of life – Loss of amenities during reduced life span – Pain and suffering – Plaintiff rendered permanently unconscious by injuries – Basis of . .
CitedBenham v Gambling HL 1941
The injured person was a child of two and a half. He was unconscious from the moment of the accident until his death, which occurred later on the same day. He had acquired at the time of injury a cause of action for loss of expectation of life.
CitedAdmiralty Commissioners v Steamship Amerika (Owners), The Amerika PC 13-Aug-1917
The Admiralty sought to recover as an item of loss the pensions payable to the widows of sailors killed in an accident to a submarine: . .
CitedRose v Ford HL 1937
Damages might be recovered for a loss of expectation of life. A claim for loss of expectation of life survived under the Act of 1934, and was not a claim for damages based on the death of a person and so barred at common law.
Lord Wright . .
CitedBrunner v Greenslade ChD 1971
Megarry J discussed the ratio decidendi of and approving dicta in Lawrence.
‘The substance of the views of Simonds J was that where there is a head scheme, any sub-purchasers are bound inter se by the covenants of that head scheme even though . .
CitedRoach v Yates CA 1937
The plaintiff had been gravely injured. His wife and sister-in-law had nursed him and gave up their employment for that purpose.
Held: The plaintiff could recover their lost wages, albeit there was no suggestion of any agreement between the . .
CitedChaplin v Hicks CA 1911
A woman who was wrongly deprived of the chance of being one of the winners in a beauty competition was awarded damages for loss of a chance. The court did not attempt to decide on balance of probability the hypothetical past event of what would have . .
CitedRead v Great Eastern Railway Company QBD 25-Jun-1868
A railway passenger was injured; he sued and was awarded damages. He died later from injury on the accident.
Held: The widow could not bring an action for loss of dependency under section 1 of the 1846 Act. The cause of action was the . .
CitedPhillips v London and South Western Railway
Co
CA 1879
In an action against the railway company for personal injury to a passenger, a physician, making pounds 5,000 a year, and where is an increasing practice, the jury in assessing the damages to their consideration, besides the pain and suffering of . .
CitedWilliams v Mersey Docks and Harbour Board CA 1905
The deceased suffered an injury in December 1902 which would have entitled him to institute proceedings against the harbour board within the special statutory period of six months pursuant to the 1893 Act. No such action was brought by the deceased, . .
CitedMurray v Shuter CA 1972
The plaintiff had been badly injured and was not expected to live long. When his claim for damages was almost ready for trial, his lawyers requested an adjournment. It was not possible for a live plaintiff to claim damages for his ‘lost years’. They . .
CitedHarris v Brights Asphalt Contractors Ltd QBD 1953
The plaintiff was not to be prevented from recovering the costs of private medical treatment.
It was argued and decided that (a) damages for the loss of earnings for the ‘lost years’ is nil, and (b) ‘the only relevance of earnings which would . .
CitedPope v D Murphy and Son Ltd QBD 1961
Both the injured plaintiff’s earning capacity and his expectation of life had been diminished and in assessing damages for the diminution of his earning capacity his Lordship had regard to the plaintiff’s pre-accident expectation of life.
CitedReid v Lanarkshire Traction Co SCS 1934
(Inner House) The shortening of life was accepted as a head of damage: ‘while the doctrine of an award in respect of the shortening of life may have originated in the theory of mental disquiet about the prospect or the possibility of death . . . . .
CitedWise v Kaye CA 1-Dec-1961
. .
CitedShephard v H West and Son Ltd HL 27-May-1963
The House looked at how personal injury damages shoud be set in cases of severe injury.
Lord Pearce said: ‘[i]f a plaintiff has lost a leg, the court approaches the matter on the basis that he has suffered a serious physical deprivation no . .
CitedJefford v Gee CA 4-Mar-1970
The courts of Scotland followed the civil law in the award of interest on damages. The court gave examples of the way in which they apply the ex mora rule when calculating the interest payable in a judgment. If money was wrongfully withheld, then . .
CitedMcCann v Sheppard CA 1973
The injured plaintiff succeeded in his action for damages for personal injury. The defendants appealed the quantum of damage but before the appeal was heard the plaintiff died. The court was now asked to reduce the award because of the death.
CitedCookson v Knowles CA 1977
Lord Denning MR said: ‘In Jefford v Gee . . we said that, in personal injury cases, when a lump sum is awarded for pain and suffering and loss of amenities, interest should run ‘ from the date of service of the ‘writ to the date of trial’. At that . .
CitedLivingstone v Rawyards Coal Co HL 13-Feb-1880
Damages or removal of coal under land
User damages were awarded for the unauthorised removal of coal from beneath the appellant’s land, even though the site was too small for the appellant to have mined the coal himself. The appellant was also awarded damages for the damage done to the . .
CitedDavies v Powell Duffryn Associated Collieries Limited HL 1941
Damages under the Fatal Accidents Acts are calculated having regard to ‘a balance of gains and losses for the injury sustained by the death.
An appellate court should be slow to interfere with a judge’s assessment of damages. Lord Wright . .

Cited by:
CitedIndependent Assessor v O’Brien, Hickey, Hickey CA 29-Jul-2004
The claimants had been imprisoned for many years before their convictions were quashed. They claimed compensation under the Act. The assessor said that there should be deducted from the award the living expenses they would have incurred if they had . .
CitedGregg v Scott HL 27-Jan-2005
The patient saw his doctor and complained about a lump under his arm. The doctor failed to diagnose cancer. It was nine months before treatment was begun. The claimant sought damages for the reduction in his prospects of disease-free survival for . .
AppliedGammell v Wilson; Furness v Massey HL 1982
In each case, the deceased, died as a result of the defendants’ negligence. The parents claimed damages for themselves as dependants under the 1976 Act, and for the estate under the 1934 Act. The claims under the 1976 Act were held to have been . .
CitedO’Brien and others v Independent Assessor HL 14-Mar-2007
The claimants had been wrongly imprisoned for a murder they did not commit. The assessor had deducted from their compensation a sum to represent the living costs they would have incurred if living freely. They also appealed differences from a . .
CitedReader and others v Molesworths Bright Clegg Solicitors CA 2-Mar-2007
The claimants were children of the victim of a road traffic accident. The solicitors were conducting a claim on his behalf for damages, but when he died, they negligently discontinued the action.
Held: The claimants’ action as dependants of . .

Lists of cited by and citing cases may be incomplete.

Damages, Personal Injury

Leading Case

Updated: 01 November 2021; Ref: scu.190060

Cummings v Grainger: CA 1977

An untrained Alsatian dog was turned loose in a scrap-yard to deter intruders. The dog seriously injured the plaintiff who had entered the yard.
Held: The requirements of section 2(2) were satisfied but the defendant was entitled to rely upon the trespasser defence provided by section 5. The dog had characteristics not normally found in Alsatian dogs except in circumstances where they are used as guard dogs. These were ‘particular circumstances’ within section 2(2)(b). Such an animal is behaving dangerously but it is doing so in a manner characteristic of its species in the circumstances.
Lord Denning MR: ‘This is a case of a barmaid who was badly bitten by a big dog’

Lord Denning MR, Ormrod and Bridge LJJ
[1977] QB 397
Animals Act 1971 2 5
England and Wales
Cited by:
ApprovedMirvahedy v Henley and Henley CA 21-Nov-2001
Horses with no abnormal characteristics were panicked, ran out and collided with a car. The car driver sought damages.
Held: The question was not whether the animals betrayed abnormal characteristics of which the owners should have been aware, . .
CitedMirvahedy v Henley and another HL 20-Mar-2003
The defendants’ horses escaped from the field, and were involved in an accident with the claimant’s car.
Held: The defendants were liable under section 2(2). To bolt was a characteristic of horses which was normal ‘in the particular . .
Dictum appliedCurtis v Betts CA 1990
The defendant owned a bull mastiff dog. It was known to react fiercely when protecting its territory. The plaintiff, a child, had known the dog since it was a puppy, and approached as the dog was about to be put into a car. The dog bit his face . .
CitedWelsh v Stokes and Another CA 27-Jul-2007
The claimant sued a riding stables after she was badly injured on being thrown from the horse provided. Her claim in negligence failed, but she succeeded under strict liabiilty under the 1971 Act, after the judge relied upon hearsay evidence.
CitedFreeman v Higher Park Farm CA 30-Oct-2008
The claimant fell from a horse hired to her by the defendant. She claimed for her injuries, and appealed rejection of her claim in strict liability under the 1971 Act. The horse was known to be lively and occasionally to buck, but the claimant was a . .

Lists of cited by and citing cases may be incomplete.

Animals, Personal Injury

Leading Case

Updated: 31 October 2021; Ref: scu.180024

Wakelin v London and South Western Railway Co: HL 1886

The liability of a defendant in negligence must rest in the first place on there being, per Lord Watson) ‘some negligent act or omission on the part of the company or their servants which materially contributed to the injury or death complained of . . Mere allegation or proof that the company were guilty of negligence is altogether irrelevant; they might be guilty of many negligent acts or omissions, which might possibly have occasioned injury to somebody, but had no connection whatever with the injury for which redress is sought, and therefore the plaintiff must allege and prove, not merely that they were negligent, but that their negligence caused or materially contributed to the injury.’

Lord Watson, Lord Halsbury LC
(1886) 12 App Cas 41
England and Wales
Cited by:
CitedWilsher v Essex Area Health Authority HL 24-Jul-1986
A premature baby suffered injury after mistaken treatment by a hospital doctor. He had inserted a monitor into the umbilical vein. The claimant suggested the treatment should have been by a more senior doctor. The hospital appealed a finding that it . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Negligence

Leading Case

Updated: 31 October 2021; Ref: scu.272565

Thornton v Shoe Lane Parking Ltd: CA 18 Dec 1970

The claimant had suffered damage at the defendant’s car park. The defendant relied upon an exemption clause printed on the ticket, and now appealed against rejection of its defence under the clause.
Held: The appeal failed. The more extreme an exemption clause, the clearer is the notice required to be given before it will be regarded as having been incorporated into the contract.
Megaw LJ said: ‘When conditions sought to be attached all constitute . . the sort of restriction . . that is usual . . it may not be necessary for a defendant to prove more than that the intention to attach some conditions has been fairly brought to the notice of the other party. But at least where the particular condition relied on involves a sort of restriction that is not shown to be usual . . a defendant must show that his intention to attach an unusual condition of that particular nature was fairly brought to the notice of the other party. How much is required as being . . reasonably sufficient to give the plaintiff notice of the condition, depends on the circumstances.’ In relation to the particular condition restricting liability for personal injury as I have said to say – ‘In my view, however before it can be said that a condition of that sort, restrictive of statutory rights, has been fairly brought to the notice of a party to a contract there must be some clear indication which would lead an ordinary sensible person to realise, at or before the time of making the contract, that a term of that sort relating to personal injury, was sought to be included.’
Lord Denning MR said: ‘the customer is bound by the exempting condition if he knows that the ticket is issued subject to it; or if the company did what was reasonably sufficient to give him notice of it’, however ‘No customer in a thousand ever read the conditions [on the back of a parking lot ticket]. If he had stopped to do so, he would have missed the train or the boat.
None of those cases has any application to a ticket which is issued by an automatic machine. The customer pays his money and gets a ticket. He cannot refuse it. He cannot get his money back. He may protest to the machine, even swear at it; but it will remain unmoved.’

Lord Denning MR, Megaw LJ, Sir Gordon Willmer
[1971] 1 All ER 686, [1971] 2 WLR 585, [1971] 2 QB 163, [1970] EWCA Civ 2, [1971] 1 Lloyd’s Rep 289, [1971] RTR 79
Bailii
Occupiers Liability Act 1957
England and Wales
Cited by:
CitedTICC Limited v Cosco (UK) Limited CA 5-Dec-2001
The claimants sought to have incorporated by notice into a contract of bill of lading, the terms of a freight surcharge. Notice had been given to the shipping agents in Hong Kong only. The shippers claimed the surcharge under the 1992 Act, saying . .
CitedInterfoto Picture Library Ltd v Stiletto Visual Programmes Ltd CA 12-Nov-1987
Incorporation of Onerous Terms Requires More Care
Photographic transparencies were hired out to the advertising agency defendant. The contract clauses on the delivery note included a fee which was exorbitant for the retention of transparencies beyond the set date.
Held: The plaintiff had not . .
CitedAmiri Flight Authority v BAE Systems Plc CA 17-Oct-2003
The appellant had contracted to purchase maintenance from the defendant of aircraft it had also purchased from them. They sought damages for negligence, saying the defendants had failed to prevent a known risk of corrosion. The defendants argued . .
CitedBrodie, Marshall and Co (Hotel Division) Ltd v Sharer 1988
The defendant resisted payment of his estate agent’s charges. The agency contract gave the agent sole selling rights, but the purchaser was found on the vendor’s own initiative. The terms made commission was payable if ‘we introduce directly of . .

Lists of cited by and citing cases may be incomplete.

Contract, Personal Injury

Leading Case

Updated: 31 October 2021; Ref: scu.182831

Robinson v Chief Constable of West Yorkshire Police: SC 8 Feb 2018

Limits to Police Exemption from Liability

The claimant, an elderly lady was bowled over and injured when police were chasing a suspect through the streets. As they arrested him they fell over on top of her. She appealed against refusal of her claim in negligence.
Held: Her appeal succeeded.
It is normally only in a novel type of case, where established principles do not provide an answer, that the courts need to go beyond those principles in order to decide whether a duty of care should be recognised. Since the police generally owe a duty of care not to inflict physical injury by their actions when such a duty arises under the ordinary principles of the law of negligence, unless statute or other common law principle provides otherwise, there was no requirement here to examine whether the recognition of the claimed duty would be fair, just and reasonable.
‘Properly understood, Caparo thus achieves a balance between legal certainty and justice. In the ordinary run of cases, courts consider what has been decided previously and follow the precedents (unless it is necessary to consider whether the precedents should be departed from). In cases where the question whether a duty of care arises has not previously been decided, the courts will consider the closest analogies in the existing law, with a view to maintaining the coherence of the law and the avoidance of inappropriate distinctions. They will also weigh up the reasons for and against imposing liability, in order to decide whether the existence of a duty of care would be just and reasonable.’
and: ‘On examination . . there is nothing in the ratio of any of the authorities relied on by the respondent which is inconsistent with the police being under a liability for negligence resulting in personal injuries where such liability would arise under ordinary principles of the law of tort. That is so notwithstanding the existence of some dicta which might be read as suggesting the contrary.’
[2018] WLR(D) 83

Lady Hale, Lord Mance, Lord Reed, Lord Hughes, Lord Hodge
[2018] UKSC 4, [2018] 2 WLR 595, [2018] AC 736, [2018] PIQR P9, [2018] 2 All ER 1041, [2018] WLR(D) 83, UKSC 2016/0082
Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Video Summary, SC 12 Jul 2017 am Video, SC 2017 Jul 12 pm Video
England and Wales
Citing:
CitedHill v Chief Constable of West Yorkshire HL 28-Apr-1987
No General ty of Care Owed by Police
The mother of a victim of the Yorkshire Ripper claimed in negligence against the police alleging that they had failed to satisfy their duty to exercise all reasonable care and skill to apprehend the perpetrator of the murders and to protect members . .
Appeal fromRobinson v West Yorkshire Police CA 5-Feb-2014
The claimant was a bystander, injured during an arrest on the street by officers employed by the respondent. She now appealed against rejection of her claim in negligence. Held; No duty of care was owed, and that, even if the officers had owed Mrs . .
CitedDesmond v The Chief Constable of Nottinghamshire Police CA 12-Jan-2011
The claimant appealed from the rejection of his claim in negligence against the police. He had been arrested on suspicion of a sexual assault, but the investigating officer concluded that he was not responsible for the crime. Despite this, several . .
CitedAnns and Others v Merton London Borough Council HL 12-May-1977
The plaintiff bought her apartment, but discovered later that the foundations were defective. The local authority had supervised the compliance with Building Regulations whilst it was being built, but had failed to spot the fault. The authority . .
CitedMarc Rich and Co Ag and Others v Bishop Rock Marine Co Ltd and Others HL 6-Jul-1995
A surveyor acting on behalf of the classification society had recommended that after repairs specified by him had been carried out a vessel, the Nicholas H, should be allowed to proceed. It was lost at sea.
Held: The marine classification . .
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 . .
CitedSmith and Others v The Ministry of Defence SC 19-Jun-2013
The claimants were PRs of men who had died or were severely injured on active duty in Iraq being variously fired at by mistake by other coalition forces, or dying in vehicles attacked by roadside bombs. Appeals were heard against a finding that the . .
CitedMichael and Others v The Chief Constable of South Wales Police and Another SC 28-Jan-2015
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
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.
CitedPerrett v Collins, Underwood PFA (Ulair) Limited (T/a Popular Flying Association) CA 22-May-1998
The plaintiff was a passenger in an aircraft which crashed, and there was a preliminary issue as to the liability to him of those who certified that the aircraft was fit to fly. The propeller was mismatched to the gearbox.
Held: A certifying . .
CitedEntick v Carrington KBD 1765
The Property of Every Man is Sacred
The King’s Messengers entered the plaintiff’s house and seized his papers under a warrant issued by the Secretary of State, a government minister.
Held: The common law does not recognise interests of state as a justification for allowing what . .
CitedMitchell and Another (Aps) v Glasgow City Council SCS 29-Feb-2008
(Extra Division, Inner House) The pursuers sought to hold the Council responsible in negligence after a neighbour (D) killed the husband and father. The defenders had been aware of D’s threatening and aggressive behaviour towards the deceased, . .
CitedThe Mersey Docks And Harbour Board Trustees v Gibbs And Others; The Mersey Docks And Harbour Board’ Trustees v Pierce, W Penhallow, And Others HL 30-Jun-1866
Persons who have a duty to perform, and who may be made responsible for injuries if they know of causes of mystery which in the discharge of that Duty they ought to remedy, are equally responsible if they negligence they remain ignorant of those . .
CitedGorringe v Calderdale Metropolitan Borough Council HL 1-Apr-2004
Statutory Duty Not Extended by Common Law
The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down.
Held: The claim failed. The duty could not be extended to include . .
CitedGeddis v Proprietors of Bann Reservoir HL 18-Feb-1878
The owner of land injured by operations authorised by statute ‘suffers a private loss for the public benefit’, and in the absence of clear statutory authority is unable to claim: ‘It is now thoroughly well established that no action will lie for . .
CitedEast Suffolk Rivers Catchment Board v Kent HL 1941
An exceptionally high spring tide caused many breaches of the banks of the River Deben, and extensive flooding, including the respondent’s farm. By section 6 of the 1930 Act, the appellants had a statutory power to maintain the flood defences, but . .
CitedDorset Yacht Co Ltd v Home Office HL 6-May-1970
A yacht was damaged by boys who had escaped from the supervision of prison officers in a nearby Borstal institution. The boat owners sued the Home Office alleging negligence by the prison officers.
Held: Any duty of a borstal officer to use . .
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 . .
CitedStovin v Wise, Norfolk County Council (Third Party) HL 24-Jul-1996
Statutory Duty Does Not Create Common Law Duty
The mere existence of statutory power to remedy a defect cannot of itself create a duty of care to do so. A highway authority need not have a duty of care to highway users because of its duty to maintain the highway. The two stage test ‘involves . .
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 . .
CitedMurphy v Brentwood District Council HL 26-Jul-1990
Anns v Merton Overruled
The claimant appellant was a house owner. He had bought the house from its builders. Those builders had employed civil engineers to design the foundations. That design was negligent. They had submitted the plans to the defendant Council for approval . .
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.
CitedGlasbrook Brothers Limited v Glamorgan County Council HL 1925
A colliery manager asked for police protection for his colliery during a strike. He wanted police officers to be billeted on the premises. The senior police officer for the area was willing to provide protection by a mobile force, but he refused to . .
CitedThe Attorney General v Hartwell PC 23-Feb-2004
PC (The British Virgin Islands) A police officer had taken the police revolver, and used it to shoot the claimant. It was alleged that the respondent police force were vicariously liable for his acts and also . .
CitedBlackburn v Commissioner of the Police for the Metropolis CA 1968
By common law police officers owe to the general public a duty to enforce the criminal law. However, police are servants of no one but the law itself, and a chief officer of police has a wide discretion as to the manner in which the duty is . .
CitedRegina v Dytham CACD 1979
A constable was 30 yards away from the entrance to a club, from which he saw a man ejected. There was a fight involving cries and screams and the man was beaten and kicked to death in the gutter outside the club. The constable made no move to . .
CitedKnightley v Johns and others CA 27-Mar-1981
There had been an accident in a tunnel, blocking it. The defendant inspector ordered a traffic constable to ride into the tunnel on his motorcycle against the flow of traffic. The constable crashed and sought damages for negligence against the . .
CitedRigby and another v Chief Constable of Northamptonshire 1985
The police were found liable to pay damages for negligence having fired a gas canister into the plaintiffs’ gunsmith’s hop premises in order to flush out a dangerous psychopath. There had been a real and substantial fire risk in firing the canister . .
CitedMarshall v Osmond CA 1983
The plaintiff was passenger in a stolen car seeking to escape the police as they chased. The car was stopped, the plaintiff got out of the car, and was hit by a police car. He sought damages.
Held: His appeal against dismissal of his claim was . .
CitedCalveley v Chief Constable of the Merseyside Police HL 1989
Police officers brought an action in negligence against a Chief Constable on the ground that disciplinary proceedings against them had been negligently conducted. They claimed that the investigating officers had negligently failed to conduct the . .
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 . .
CitedAshley and Another v Chief Constable of Sussex Police HL 23-Apr-2008
The claimants sought to bring an action for damages after a family member suspected of dealing drugs, was shot by the police. At the time he was naked. The police officer had been acquitted by a criminal court of murder. The chief constable now . .
CitedSXH v The Crown Prosecution Service (CPS) SC 11-Apr-2017
The Court was asked: ‘Does a decision by a public prosecutor to bring criminal proceedings against a person fall potentially within the scope of article 8 of the European Convention on Human Rights in circumstances where a) the prosecutor has . .
CitedMinio-Paluello v The Commissioner of Police of The Metropolis QBD 16-Dec-2011
The Claimant sought damages for assault (or battery) and/or in negligence arising out of serious injuries which she suffered in the course of a pro-Palestinian demonstration. She was pulled up from the ground by a police officer with excessive . .
CitedMcDonnell v The Commissioner of Police for The Metropolis and Another CA 14-May-2015
The claim for damages by a suspected drug dealer for assault arising from the use of excessive force during his arrest failed only on its facts. . .
CitedBrooks v Commissioner of Police for the Metropolis and others HL 21-Apr-2005
The claimant was with Stephen Lawrence when they were both attacked and Mr Lawrence killed. He claimed damages for the negligent way the police had dealt with his case, and particularly said that they had failed to assess him as a victim of crime, . .

Cited by:
CitedSteel and Another v NRAM Ltd (Formerly NRAM Plc) SC 28-Feb-2018
The appellant solicitor acted in a land transaction. The land was mortgaged to the respondent bank. She wrote to the bank stating her client’s intention to repay the whole loan. The letter was negligently mistaken and the bankers allowed the . .
CitedJames-Bowen and Others v Commissioner of Police of The Metropolis SC 25-Jul-2018
The Court was asked whether the Commissioner of Police of the Metropolis (‘the Commissioner’) owes a duty to her officers, in the conduct of proceedings against her based on their alleged misconduct, to take reasonable care to protect them from . .
CitedDarnley v Croydon Health Services NHS Trust SC 10-Oct-2018
The claimant had been assaulted. He presented at the defendant hospital with head injuries. Despite his complaints he said he was not treated properly, being told to wait five hours at reception, and went home. Later an ambulance was delayed and he . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Negligence, Police

Leading Case

Updated: 31 October 2021; Ref: scu.604215

Edwards v Railway Executive: HL 1952

A boy aged 9 was injured on a railway line. He had been warned not to go onto the land and had found his way through a defective fence. He claimed in negligence. The fence had been breached by children with some frequency for many years before the accident. When defects were observed by the Defendant’s employees, repairs were duly effected. These were required with frequency. The evidence was that the fence was intact on the accident date.
Held: He was a trespassr and not a licensee.
Lord Goddard said: ‘repeated trespass of itself confers no licence . . how is it to be said that (an occupier) has licensed what he cannot prevent . . Now, to find a licence there must be evidence either of express permission or that the landowner has so conducted himself that he cannot be heard to say that he did not give it . . What then have they done in this case to lead anyone to suppose that they may go on to their property to play ?’
Lord Oaksey said: ‘In my opinion, in considering the question whether a licence can be inferred, the state of mind of the suggested licensee must be considered. The circumstances must be such that the suggested licensee could have thought and did think that he was not trespassing but was on the property in question by the leave and licence of its owner.’
Lord Porter said that the first question to be decided was: ‘whether there was any evidence from which it could be inferred that children from the recreation ground had become licensees to enter the respondent’s premises and toboggan down the embankment . . There must, I think, be such assent to the user relied upon as amounts to a licence to use the premises. Whether that result can be inferred or not must, of course, be a question of degree, but in my view a court is not justified in likely inferring it . . The onus is on the appellants to establish their licence, and in my opinion they do not do so merely by showing that, in spite of a fence now accepted as complying with the Act requiring the respondents to fence, children again and again broke their way through. What more, the appellants asked, could the respondents do? Report to the Corporation? But their caretaker knew already. Prosecute? First you have to catch your children and even then would that be more effective? In any case I cannot see that the respondents were under any obligation to do more than keep their premises shut off by a fence which was duly repaired when broken and obviously intended to keep intruders out.’

Lord Porter, Lord Goddard, Lord Oaksey
[1952] 2 All ER 430, [1952] AC 737
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 . .
CitedHarvey v Plymouth City Council CA 29-Jul-2010
The Council appealed against a finding of liability under the 1957 Act after the claimant was injured after jumping over a fence to flee hving to pay a taxi, and falling down a steep slope onto a car park. The land had been licenced to the . .

Lists of cited by and citing cases may be incomplete.

Negligence, Personal Injury, Land

Leading Case

Updated: 31 October 2021; Ref: scu.182867

McFarlane v Tayside Health Board: OHCS 11 Nov 1996

No damages are awardable for the birth of child following the failure of a vasectomy. It is against public policy to treat the birth of a child as a loss.
Times 11-Nov-1996
Scotland
Cited by:
Appeal fromMcFarlane v Tayside Health Board IHCS 8-May-1998
Damages were payable where child born after vasectomy of husband and sperm tests gave false confirmation. This even though gift of a child a normal and healthy process and happy outcome. . .
Outer HouseMacFarlane 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 . .

Lists of cited by and citing cases may be incomplete.
Updated: 23 October 2021; Ref: scu.83533

Talbot v Berkshire County Council: CA 23 Mar 1993

In a motor accident, both driver and passenger were injured. The passenger sued the driver. The driver’s insurers, without notice to the driver, made a third party claim against the Berkshire County Council, claiming contribution as between joint tortfeasors but including no claim for the driver’s own injuries. The driver later discovered his insurer’s action and himself sought damages from the council.
Held: A cause of action estoppel, which estops a plaintiff pursuing a second action which could have been combined with a first action, applied to an action for personal injuries to prevent a motorist suing a highway authority. The insurers’ solicitors appeared to have been negligent but the claim against the county council should be struck out unless there were special circumstances, and in this case there were not.
Stuart-Smith LJ said: ‘There can be no doubt that the [driver’s] personal injury claim could have been brought at the time of [the passenger’s] action. It could have been included in the original third party notice issued against the council (R.S.C., Ord. 16, r. 1(b)(c)); it could have been started by a separate writ and consolidated with or ordered to be tried with [the passenger’s] action: Ord. 4, r. 9. The third party proceedings could have been amended at any time before trial and perhaps even during the trial to include such a claim, notwithstanding that it was statute-barred, since it arose out of the same or substantially the same facts as the cause of action in respect of which relief was already claimed, namely, contribution or indemnity in respect of [the passenger’s] claim: Ord. 20, r. 5. In my opinion, if it was to be pursued, it should have been so brought.’ and

‘The rule is thus in two parts. The first relates to those points which were actually decided by the court: this is res judicata in the strict sense. Secondly, those which might have been brought forward at the time, but were not. The second is not a true case of res judicata but rather is founded on the principle of public policy in preventing multiplicity of actions, it being in the public interest that there should be an end to litigation: the court will stay or strike out the subsequent action as an abuse of process.’
Stuart-Smith LJ, Mann LJ, Nourse LJ
Times 23-Mar-1993, [1994] QB 290
England and Wales
Cited by:
CitedC (A Minor) v Hackney London Borough Council CA 10-Nov-1995
The mother had claimed in damages for the injuries to her health from the landlord authority’s failure to repair. Her child then brought a subsequent action in respect of his own injuries. The authority claimed the action should be stopped as res . .
CitedJohnson v Gore Wood and Co HL 14-Dec-2000
Shareholder May Sue for Additional Personal Losses
A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter.
Held: It need not be an abuse of the court for a shareholder . .
CitedBrown v Rice and Another ChD 14-Mar-2007
The parties, the bankrupt and her trustee, had engaged in a mediation which failed at first, but applicant said an agreement was concluded on the day following. The defendants denied this, and the court as asked to determine whether a settlement had . .
CitedDivine-Bortey v London Borough of Brent CA 14-May-1998
The claimant had brought and lost an action relating to his dismissal by the defendant, who now appealed against an order that he was not estopped from bring a second claim on a different basis namely race discrimination, disapplying the rule in . .

Lists of cited by and citing cases may be incomplete.
Updated: 29 September 2021; Ref: scu.89696

Higham v Stena Sealink Ltd: CA 26 Feb 1996

The Convention limitation period of two years overrode the national period where it was applied.
Times 26-Feb-1996, [1996] 1 WLR 1107
Athens Convention Relating to the Carriage of Passengers at Sea
England and Wales
Cited by:
CitedWarner v Scapa Flow Charters (Scotland) SC 17-Oct-2018
This appeal raises a question about the interpretation of article 16 of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974 (‘the Athens Convention’) and its application to the Scots law of limitation of . .

Lists of cited by and citing cases may be incomplete.
Updated: 27 September 2021; Ref: scu.81369

McLelland v Greater Glasgow Health Board: OHCS 14 Oct 1998

(Scotland) Where a hospital had negligently failed to diagnose a foetus with Down’s Syndrome, it became liable to the father as well as the mother for damages for initial shock and distress and continued emotional stress bringing up a Down’s child.
Lord Macfadyen
Times 14-Oct-1998, 1999 SLT 543, 1999 SC 30, 1998 SCLR 1081, [1998] ScotCS 12
Bailii
Scotland

Updated: 14 September 2021; Ref: scu.83565

Smith v Lancashire Teaching Hospitals NHS Foundation Trust and Others: CA 28 Nov 2017

Sir Terence Etherton MR agreed with counsel that ‘the only sure common thread running through the various descriptions of the ambit test, for the purposes of article 14, in the several speeches in M [2006] 2 AC 91 is that the connection or link between the facts and the provisions of the Convention conferring substantive rights must be more than merely tenuous’. He summarised the position: ‘The claim is capable of falling within article 14 even though there has been no infringement of article 8. If the state has brought into existence a positive measure which, even though not required by article 8, is a modality of the exercise of the rights guaranteed by article 8, the state will be in breach of article 14 if the measure has more than a tenuous connection with the core values protected by article 8 and is discriminatory and not justified. It is not necessary that the measure has any adverse impact on the complainant in a positive modality case other than the fact that the complainant is not entitled to the benefit of the positive measure in question.’
Sir Terence Etherton MR, McCombe LJ, Sir Patrick Elias
[2017] EWCA Civ 1916, [2018] 2 WLR 1063, [2017] WTLR 1469, [2017] WLR(D) 799, (2018) 162 BMLR 1, [2018] QB 804, [2018] PIQR P5
Bailii, WLRD
Fatal Accidents Act 1976, European Convention on Human Rights
England and Wales
Cited by:
CitedMcLaughlin, Re Judicial Review SC 30-Aug-2018
The applicant a differently sexed couple sought to marry under the Civil Partnership Act 2004, but complained that they would lose the benefits of widowed parent’s allowance. Parliament had decided to delay such rules to allow assessment of reaction . .

Lists of cited by and citing cases may be incomplete.
Updated: 06 September 2021; Ref: scu.599717

Davidson v Lothian and Borders Fire Board: IHCS 18 Jul 2003

The pursuer, a firefighter, sought damages for injury incurred during a drill. The drill involved manipulating a ladder, which was caught by the wind, a known risk in such exercises.
Held: The defenders had failed to discharge the burden on them of establishing that all appropriate steps were taken to reduce the risk of injury to the pursuer and his fellow employees to the lowest level reasonably practicable, as was required of them under Regulations.
Lord Marnoch, Lord Hamilton, Lord Macfadyen
[2003] ScotCS 203
Bailii
Manual Handling Operations Regulations 1992 4(1)(b)
Scotland
Citing:
CitedNimmo v Alexander Cowan and Sons Ltd HL 1967
The employer was prosecuted under the 1961 Act.
Held: the burden of proving that it was not reasonably practicable to make and keep a place of work safe rested upon the defendant employer. If an exception was to be established, it was for the . .

Lists of cited by and citing cases may be incomplete.
Updated: 29 August 2021; Ref: scu.184666

Tameside and Glossop Acute Services NHS Trust v Thompstone and others: CA 17 Jan 2008

The court set out the legal principles applying when making a Periodical Payments Order in an award of damages for serious personal injury. The periodical payments payable to the claimant in respect of his care costs should be calculated by reference to the actual cost of care, as set out in the Annual Survey of Hours and Earnings (‘ASHE’), rather than the RPI.
Waller LJ VP, Buxton, Smith LJJ
[2008] EWCA Civ 5, [2008] LS Law Medical 282, [2008] 1 WLR 2207, [2008] PIQR Q2, [2008] 2 All ER 553, (2008) 100 BMLR 113
Bailii
Damages Act 1996 2
England and Wales
Citing:
Appeal fromThompstone v Tameside and Glossop Acute Services NHS Trust QBD 23-Nov-2006
. .

Cited by:
CitedPreston v City Electrical Factors Ltd and Another QBD 13-Nov-2009
The claimant had received andpound;100,000 in interim payments on his personal injury claim, and now sought a further similar sum.
Held: The claim was thought substantial, but the defendants said that any final award would include an . .
CitedDunhill v Burgin SC 12-Mar-2014
Lack of Capacity – Effect on Proceedings
The Court was asked ‘First, what is the test for deciding whether a person lacks the mental capacity to conduct legal proceedings on her own behalf (in which case the Civil Procedure Rules require that she has a litigation friend to conduct the . .

Lists of cited by and citing cases may be incomplete.
Updated: 04 August 2021; Ref: scu.263771

Four Seasons Holdings Incorporated v Brownlie: SC 19 Dec 2017

The claimant and her family were in a car crash while on holiday in Egypt. The claimant’s husband and his daughter died. The holiday had been booked in England and the car excursion booked in advance from England. The hotel operator was incorporated in Canada, and denied that the English court had jurisdiction. Each party appealed against a judgment allowing service under the contract and 1976 Act claim, but disallowing it under the 1934 Act claim and for her own personal injuries.
Held: The Hotel company’s appeal succeeded. The negligence was governed by the law of Egypt, and the 1976 Act applied only to a tort not governed by English law. The Rome II Regulation dealt with applicable law, not jurisdiction, and could not support her claims.
The claimant had failed to bring her claims within the jurisdictional gateways which would allow service, and had not established that a viable claim existed. The Hotel had proved not to be owned by the appellant company, and any claim in contract against it must fail. On the one hand she pleaded that the contract was ‘made within the jurisdiction’ and on the other that the damage was ‘sustained within the jurisdiction’.
In determining an issue about jurisdiction, the traditional test has been whether the claimant had ‘the better of the argument’ on the facts going to jurisdiction. The Court restated that test: ‘ the claimant must supply a plausible evidential basis for the application of a relevant jurisdictional gateway; (ii) that if there is an issue of fact about it, or some other reason for doubting whether it applies, the court must take a view on the material available if it can reliably do so; but (iii) the nature of the issue and the limitations of the material available at the interlocutory stage may be such that no reliable assessment can be made, in which case there is a good arguable case for the application of the gateway if there is a plausible (albeit contested) evidential basis for it.’
Lady Hale, Lord Clarke, Lord Wilson, Lord Sumption, Lord Hughes
[2017] UKSC 80, [2018] 1 WLR 192, [2018] 2 All ER 91, UKSC 2016/0045, UKSC 2015/0175
Bailii, Bailii Summary, SC, SC Summary, SC Video Summary, SC 2017 May 09 am Video, SC 2017 May 09 pm Video, SC 2017 Jul 20 am Video, SC 2017 Jul 20 pm Video
Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1976, Regulation (EC) 84/2007 of the European Parliament and of the Council of 11 July 2007
England and Wales
Citing:
MentionedMalik v Narodni Banka Ceskoslovenska 1946
(Orse Malik v National Bank of Czechoslovakia) The evidential standard for establishing that one of the jurisdictional gateways applied was the civil burden of proof. . .
CitedVitkovice Horni a Hutni Tezirstvo v Korner HL 1951
The ordinary principles of international comity were invaded when courts permitted service out of jurisdiction and that the courts should therefore approach with circumspection any application for leave to serve a foreigner out of the jurisdiction. . .
At CABrownlie v Four Seasons Holdings Incorporated CA 3-Jul-2015
The claimant commenced an action here after suffering injury whilst in Egypt on an excursion organised under the control of the defendant. The defendant denied jurisdiction as regards the damage suffered.
Held: The defendant’s appeal was . .
CitedEntores Ltd v Miles Far East Corporation CA 1955
The plaintiff traded from London, and telexed an offer to purchase cathodes to a company in Holland, who signified their acceptance by return, again by telex. Entores later wanted to sue the defendant, the parent company of the Dutch party. It was . .
CitedSeaconsar Far East Ltd v Bank Markazi Jomhouri Islami Iran HL 15-Oct-1993
A plaintiff must show that there is a ‘serious issue for trial’ to support and justify an application for overseas service. The standard of proof in respect of the cause of action relied on is whether, on the evidence, there was a serious question . .
CitedEgon Oldendorff v Libera Corporation 1996
Conflict of laws – ‘It is sufficient to say that the party relying upon art. 3 must demonstrate with reasonable certainty that the parties have chosen a particular law as the governing or applicable law. ‘ . .
CitedCanada Trust Company and others v Stolzenberg and others (2) CA 29-Oct-1997
The court looked at questions relating to domicile and jurisdiction; standard of proof, date to be determined and duties before service.
Held: The court is endeavouring to find an imprecise concept which reflects that the plaintiff must . .
CitedCanada Trust Co and Others v Stolzenberg and Others (No 2) HL 12-Oct-2000
The plaintiffs alleged the involvement of the defendant in a conspiracy to defraud. He had been domiciled in England, but had moved to Germany. He denied that the UK court had jurisdiction. The court of appeal said that jurisdiction was determined . .
CitedBols Distilleries VB (T/A As Bols Royal Distilleries) and Another v Superior Yacht Services Ltd PC 11-Oct-2006
(Gilbraltar) The parties disputed the management contract for a racing yacht, and also the juridiction of the Supreme Court of Gibraltar to hear the case. Bols said that under regulation 2(1) Gibraltar had no jurisdiction.
Held: The English . .
CitedBritish Arab Commercial Bank Plc v Bank of Communications and Another ComC 17-Feb-2011
Blair J said: ‘It is not in dispute that, . . it must be a ‘real choice’ which the parties had a clear intention to make. A tacit choice must only be found where it is reasonably clear that it is a genuine choice by the parties (See Clarke J’s . .
CitedAdams v Lindsell KBD 5-Jun-1818
No Contract by Post until Acceptance Received
The defendant sent his offer of wool for sale to the plaintiff by post. The plaintiff’s acceptance was at first misdirected. Before receiving the reply the defendant had sold the wool elsewhere, but this was only after he would have received the . .
At first InstanceBrownlie v Four Seasons Holdings Incorporated QBD 19-Feb-2014
The claimant and her husband had been in a car crash while on holiday in Egypt. The tour was booked in London. The defendant denied jurisdiction. . .
CitedVTB Capital Plc v Nutritek International Corp and Others SC 6-Feb-2013
The claimant bank said that it had been induced to create very substantial lending facilities by fraudulent misrepresentation by the defendants. They now appealed against findings that England was not clearly or distinctly the appropriate forum for . .
CitedCox v Ergo Versicherung Ag CA 25-Jun-2012
The deceased member of the armed forces had died in a road traffic accident in Germany. The parties didputed whether the principles governing the calculation of damages were those in the 1976 Act and UK law, or under German law.
Held: ‘There . .
CitedDunlop v Higgins HL 24-Feb-1848
Contracts made by post are complete when and where the letter of acceptance is posted.
Lord Cottenham LC said that the explanation for the contract arising was that there was a usage of trade to accept a postal offer by post. The Post Office . .
CitedWong Mee Administratrix of The Estate of Ho Shui Yee, Deceased v Kwan Kin Travel Services Ltd, China Travel Services Co (Zhong Shan) And, Pak Tang Lake Travel Services Co (Doumen County) Co PC 6-Nov-1995
The appellant’s daughter died in an accident whilst on holiday in China from Hong Kong on a trip booked with the respondent.
Held: Lord Slynn said: ‘ . . the issue is thus whether . . [the package tour operator] undertook no more than that . .
CitedChandler v Cape Plc CA 25-Apr-2012
. .
CitedAK Investment CJSC v Kyrgyz Mobil Tel Ltd and Others PC 10-Mar-2011
Developing Law – Summary Procedures Very Limited
(Isle of Man) (‘Altimo’) The parties were all based in Kyrgyzstan, but the claimant sought a remedy in the Isle of Man which would be unavailable in Kyrgyzstan.
Held: Lord Collins said: ‘The general rule is that it is not normally appropriate . .
CitedMoran v First Choice Holidays QBD 2005
. .
CitedParker v Tui UK Ltd CA 27-Nov-2009
. .

Cited by:
CitedGoldman Sachs International v Novo Banco SA SC 4-Jul-2018
A banking facility was provided under a contract applying English law and jurisdiction. The parties now disputed whether on an assignment the dispute was to be resolved under Portuguese law.
Held: Recognition in the United Kingdom of measures . .
CitedGoldman Sachs International v Novo Banco SA SC 4-Jul-2018
A banking facility was provided under a contract applying English law and jurisdiction. The parties now disputed whether on an assignment the dispute was to be resolved under Portuguese law.
Held: Recognition in the United Kingdom of measures . .

Lists of cited by and citing cases may be incomplete.
Updated: 29 July 2021; Ref: scu.601508

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’.
Stuart-Smith, Peter Gibson and Hutchison LJJ
Times 17-Jul-1995, (1996) PIQR 36
Law Reform (Contributory Negligence) Act 1945 1(1), Civil Evidence Act 1972
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 . .

These lists may be incomplete.
Updated: 07 June 2021; Ref: scu.83063

Hippolyte v London Borough of Bexley: CA 1995

In many cases the trial judge is in a better position than an appellate court to make the correct finding as to inferences from the facts found: ‘It is in my judgment very important to bear in mind that this is an appeal on issues of fact, albeit that it involves, principally, a challenge to inferences. It is important to note the approach that the law requires of an appellant court. Where there has been no misdirection on fact by the trial judge, the presumption is that his conclusion is correct. The appellate court will only reverse it where it is convinced that it is wrong. In such a case, if the appellate court is merely left in doubt as to the correctness of the conclusion, then it will uphold it. For my part, I am satisfied that nowhere in the judgment is there to be found any misdirection by the judge. Indeed, I pay tribute to a careful and balanced judgment. Furthermore, it must be borne in mind that even in relation to inferences from established fact, a trial judge is often in a superior position to the Court of Appeal. This is, in my judgment, such a case. I say that because what we are concerned with is a judge’s interpretation of primary facts, and it is that interpretation which has proved to be the decisive matter in the case.’
Steyn LJ
[1995] PIQR P309
England and Wales
Cited by:
CitedKearn-Price v Kent County Council CA 30-Oct-2002
The claimant was injured, being hit in the face by a football in a school playground. It was before school started. There had been accidents, and there were rules which had not been enforced. The school appealed a finding of negligence.
Held: . .

These lists may be incomplete.
Updated: 02 June 2021; Ref: scu.214303

Griffiths v Williams: CA 21 Nov 1995

The Defendant landlord had demanded rent arrears and said that if the Claimant did not do what he wanted he would evict her from her flat. He forcibly raped her and then fought a criminal trial, alleging that sexual relations had been consensual and calling witnesses to blacken the Claimant’s character.
Held: Damages of pounds 50,000 for a rape were correct. Rape is ‘in a quite different category from personal injury cases in general’. The victim had to go through a trial and deal with an allegation of consent. The sum included an element of aggravated damages.
Millett LJ, Rose LJ
Times 24-Nov-1995
England and Wales
Cited by:
CitedLawson v Glaves-Smith, Executor of the Estate of Dawes (Deceased) QBD 14-Nov-2006
The claimant sought damages saying that she had been falsely imprisoned, raped and drugged by the defendant who had since died.
Held: The court had only the evidence of the claimant, and must be careful in examining it. On that evidence the . .
CitedAT and others v Dulghieru and Another QBD 19-Feb-2009
The claimants had been subject to unlawful human trafficking. Their abductors had been imprisoned, and they now sought damages. The court was asked now to assess the damages to be awarded for sexual enslavement. Each claimant suffered chronic post . .

These lists may be incomplete.
Updated: 02 June 2021; Ref: scu.81048

Hunter v Butler: CA 28 Dec 1995

There could be no Fatal Accidents Acts damages for a loss of ‘moonlighting’ earnings dependency.
Independent 02-Jan-1996, Times 28-Dec-1995, [1996] RTR 396
Fatal Accidents Act 1976
England and Wales
Cited by:
CitedHewison v Meridian Shipping Services Pte Ltd, Coflexip Stena Offshore Ltd, Flex Installer Offshore Ltd QBD 30-Nov-2001
The applicant had been severely injured at work. He was an epileptic, and had not disclosed his condition to his employers, who because of the safety aspects of the work on oil rigs could not have employed him if he had disclosed the sickness. The . .

These lists may be incomplete.
Updated: 02 June 2021; Ref: scu.81547

Watt v Fairfield Shipbuilding and Engineering Company Limited and Upper Clyde Shipbuilders Ltd and Energy and Marine (Weirside) Limited: SCS 3 Nov 1998

The pursuer sought reparation against three former shipbuilders. He had developed extensive bilateral pleural plaques and asbestosis.
Held: Lord Gill felt that it was possible to give the proviso a satisfactory meaning, notwithstanding his conclusion that the 1931 Regulations applied only to the asbestos industry: ‘the Regulations related to those processes by which the raw material was treated in the course of its being manufactured into asbestos products of various kinds’
Lord Gill
[1998] ScotCS 48
Bailii
Asbestos Industry Regulations 1931 (1931 No 1140)
Scotland
Cited by:
DisapprovedShell Tankers UK Limited v Jeromson; The Cherry Tree Machine Company Limited, Shell Tankers UK Limited v Dawson CA 2-Feb-2001
The claimant’s husband had been employed as an apprentice fitter in a factory which manufactured dry cleaners’ presses. For two years, it was part of his job to mix asbestos flock with water in a bucket and then apply it to the plattens of a press . .
CitedMcDonald v National Grid Electricity Transmission Plc SC 22-Oct-2014
Contact visiting plants supported asbestos claim
The deceased had worked as a lorry driver regularly collecting pulverized fuel ash from a power station. On his visits he was at areas with asbestos dust. He came to die from mesothelioma. His widow now pursued his claim that the respondent had . .

These lists may be incomplete.
Updated: 01 June 2021; Ref: scu.163364

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.
Sir Stephen Brown Lord Justice Swinton Thomas
Times 02-Apr-1999, Gazette 24-Mar-1999, [1999] EWCA Civ 849
England and Wales

Updated: 19 May 2021; Ref: scu.145764

Wild and Another v Southend University Hospital NHS Foundation Trust: QBD 3 Dec 2014

Claim for damages arising from alleged want of care of child in the womb, leading to a stillbirth. The claimant father suffered psychiatric damage after being told of the death of his wife’s baby in utero as a result of negligent treatment by clinicians working for the defendant hospital. He argued that Taylor v A. Novo could not preclude a claim ‘in a case where the first manifestation of the injuries sustained by the primary victim occurs in front of (or within sight or hearing of) the secondary victim (or where he comes across the primary victim in the immediate aftermath of this injury) but is separated in time from the act or omission constituting negligence’. In a clinical negligence case where the first manifestation of the negligent act or omission was a shocking event seen, heard or otherwise directly experienced by the secondary victim, a claim would lie. It was argued that it could be seen from the reference to Walters that the Court of Appeal in Taylor v A. Novo had not intended to state any new principle.
Held: The argument failed.
Michael Kent QC, expressed ‘difficulty’ with the proposition because of Lord Dyson’s approval of Auld J’s observation in Taylor v Somerset and his observation that Peter Gibson LJ’s remarks in Walters were obiter. The term ‘external event’ was ‘explained by the context of these claims which is that they are all made by those who are not directly participating in the events which have been engulfed the primary victims and which are in that sense external to the claimant’. It was ‘arguably going too far’ to argue, as the defendant had, that Lord Wilberforce’s reference to the ‘fact and consequence of the negligence’ meant that the negligence must itself be synchronous with the sustaining of shock by the secondary victim. It was ‘a little unlikely’ that the Court of Appeal in Walters had overlooked the fact that the fit was a result of the earlier negligent treatment, so that the cause of action had already accrued prior to the start of the relevant ‘event’. Ultimately, however, it was not necessary to resolve any of these points, because the claimant learned of the death after it had happened and witnessed no shocking event. This was fatal to the claim:
Michael Kent QC
[2014] EWHC 4053 (QB), [2016] PIQR P3
Bailii
England and Wales
Cited by:
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 . .
CitedPaul and Another v The Royal Wolverhampton NHS Trust QBD 4-Jun-2020
Nervous shock – liability to third parties
The claimants witnessed the death of their father from a heart attack. They said that the defendant’s negligent treatment allowed the attack to take place. Difficult point of law about the circumstances in which a defendant who owes a duty of care . .

These lists may be incomplete.
Updated: 14 May 2021; Ref: scu.539569

Sion v Hampstead Health Authority: CA 27 May 1994

An amendment to pleadings was allowed after the limitation period had expired in order to add a claim based on the same facts. The claim was brought by the father of a young man injured in a motor cycle accident. For fourteen days the father stayed at his son’s bedside, watching him deteriorate in health and fall into a coma and then die. The father now appealed against an order striking out his claim.
Held: Appeal dismissed, finding that there was no trace in the medical report of ‘shock’ no sudden appreciation by sight or sound of a horrifying event. The report described a process continuing for some time, from first arrival at the hospital to the appreciation of medical negligence after the inquest. In particular the son’s death when it occurred was not surprising but expected. There was no reason in logic why a breach of duty causing an incident involving no violence or suddenness, such as where the wrong medicine is negligently given to a hospital patient, could not lead to a claim for damages for nervous shock, for example where the negligence has fatal results and a visiting close relative, wholly unprepared for what has occurred, finds the body and thereby sustains a sudden and unexpected shock to the nervous system.
Peter Gibson LJ, Staughton LJ, Waite LJ
Times 10-Jun-1994, [1994] 5 Med LR 170, [1994] EWCA Civ 26
Bailii
England and Wales
Cited by:
CitedNorth Glamorgan NHS Trust v Walters CA 6-Dec-2002
A new mother woke in hospital to see her baby (E) fitting. E suffered a major epileptic seizure leading to coma and irreparable brain damage. E was transferred to a London hospital and the following day the claimant was told by a consultant that E’s . .
CitedTaylor v A Novo (UK) Ltd CA 18-Mar-2013
The deceased had suffered a head injury at work from the defendant’s admitted negligence. She had been making a good recovery but then collapsed and died at home from pulmonary emboli, and thrombosis which were a consequence of the injury. The . .
CitedPaul and Another v The Royal Wolverhampton NHS Trust QBD 4-Jun-2020
Nervous shock – liability to third parties
The claimants witnessed the death of their father from a heart attack. They said that the defendant’s negligent treatment allowed the attack to take place. Difficult point of law about the circumstances in which a defendant who owes a duty of care . .

These lists may be incomplete.
Updated: 14 May 2021; Ref: scu.89280

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.’
Lord MacMillan, Lord Wright, Lord Russell of Killowen
[1943] AC 92, [1943] SC (HL) 78, 1943 SLT 105, [1942] UKHL 5
Bailii
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
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
corr_ibcCA2006
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 . .

These lists may be incomplete.
Updated: 10 May 2021; Ref: scu.180104

Roles 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 succeeded.
Lord Denning MR said: ‘the warnings which were given to the sweeps were enough to enable them to be reasonably safe. The sweeps would have been quite safe if they had heeded these warnings. They should not have come back that evening and attempted to seal up the sweep-hole while the fire was still alight. They ought to have waited till next morning, and then they should have seen that the fire was out before they attempted to seal up the sweep-hole. In any case they should not have stayed too long in the sweep-hole. In short, it was entirely their own fault. The Judge held that it was contributory negligence. I would go further and say that under the Act the occupier has, by the warnings, discharged his duty.’
Harman LJ said: ‘the sweeps had been warned by the occupier through his agent, Collingwood, of the danger which killed them. That, however, as the section says does not without more absolve the occupier from liability. The crucial question is whether, in all the circumstances, the warning was ‘enough to enable the visitors’ ( that is, the sweeps )’to be reasonably safe’. In my judgment,it was. The occupier did not request or even authorise the sweeps to close the sweep hole while the fire was alight. Mr Corney did not expect the return of the sweeps on Friday night; they told him they were coming back in the morning. He had arranged that they should do the work on Saturday morning. He said also that he anticipated that the fire burning on Friday night would be out by Saturday morning, thus making the work safe. It is true that the caretaker apparently did not let the fire out, and it is said that Corney failed in his duty because he did not expressly order the caretaker to do so, nor did he expressly forbid the sweeps to attempt the work with the fire on. Nevertheless, these sweeps knew as much about the danger as he did. There was no obligation on than to proceed without drawing the fire, they were free to do so, and they deliberately chose to assume the risk notwithstanding the advice given.’
Lord Denning MR, Harman, Pearson LJJ
[1963] EWCA Civ 6, [1963] 1 WLR 1117, [1963] 2 All ER 908
Bailii
Occupiers’ Liability Act 1957
England and Wales
Citing:
CitedLondon Graving Dock Co Ltd v Horton HL 1951
An experienced welder had for a month been carrying out work on a ship as an employee of sub-contractors engaged by ship-repairers in occupation of the ship. He was injured, without negligence on his part, owing to the inadequacy of certain staging, . .
CitedChristmas v Caledonian Club 1952
A window cleaner. employed by independent contractors, came to clean the windows of a club. One window was defective, falling onto and trapping his hand, causing him to fall.
Held: He had no cause of action against the club. The landowner was . .
CitedGreene 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’. . .

Cited by:
CitedWhite v Blackmore CA 15-Jun-1972
The plaintiff attended a jalopy car race and was injured. It was a condition of his entry that he agreed that motor racing was dangerous and that he would not hold the organisers or others responsible if injured. He was injured when a safety rope, . .

These lists may be incomplete.
Updated: 10 May 2021; Ref: scu.262804

Gorman v British Airways Plc: CA 4 Feb 1998

The claimant said that whilst he was a passenger on a flight, he ingested broken glass in a drink. The trial of his case took place in his absence and he successfully set aside judgment against him in default when he failed to appear. The defendant now sought to re-instate the default judgment.
Held: The judge did not have a sufficient evidential basis for concluding that the claimant had voluntarily not attended. There had been evidence before the court to suggest a medical condition justifying his absence. The case was remitted for retrial before a different judge.
Lord Bingham of Cornhill, Judge LJ, Robert Walker LJ
[1998] EWCA Civ 146
England and Wales
Citing:
CitedShocked and Another v Goldschmidt and Another CA 4-Nov-1994
A party’s failure to appear at the trial implied that he had made certain choices which he was not to be allowed to go back on when seeking to set aside any judgment made. . .

These lists may be incomplete.
Updated: 01 May 2021; Ref: scu.143624

Wiesniewski v Central Manchester Health Authority: CA 1998

Brooke LJ stated the following principles: ‘From this line of authority I derive the following principles in the context of the present case: (1) In certain circumstances a court may be entitled to draw adverse inferences from the absence or silence of a witness who might be expected to have material evidence to give on an issue in an action.
(2) If a court is willing to draw such inferences, they may go to strengthen the evidence adduced on that issue by the other party or to weaken the evidence, if any, adduced by the party who might reasonably have been expected to call the witness.
(3) There must, however, have been some evidence, however weak, adduced by the former on the matter in question before the court is entitled to draw the desired inference: in other words, there must be a case to answer on that issue.
(4) If the reason for the witness’s absence or silence satisfies the court, then no such adverse inference may be drawn. If, on the other hand, there is some credible explanation given, even if it is not wholly satisfactory, the potentially detrimental effect of his/her absence or silence may be reduced or nullified.’
Brooke LJ
[1998] PIQR 324
England and Wales
Cited by:
CitedCox v Ministry of Justice CA 19-Feb-2014
Appeal against rejection of claim for personal injury. While working as the catering manager at HM Prison Swansea, the Claimant was injured in an accident caused by the negligence of a prisoner carrying out paid work under her supervision. The . .

These lists may be incomplete.
Updated: 30 April 2021; Ref: scu.550894

Creutzfeld Jakob Disease Litigation; Newman and Others v Medical Research Council and Another: CA 20 Dec 1997

The claimants had been negligently injected as children with Hartree HGH, a human growth hormone that exposed them to the risk of contracting CJD. One issue was whether this rendered the defendants liable for psychiatric illness caused by the shock of learning of the risk to which they had been exposed.
Held: Litigation for Creutzfeld Jacob Disease cut off date for litigation; those receiving treatment before and after must show would have stopped. ‘I can see no logical reason why foreseeability of or responsibility for shock and psychiatric injury should be limited to an area of time contemporaneous or almost contemporaneous to the negligent physical event i.e. the injection of Hartree HGH. If the psychiatric injury was reasonably foreseeable it should be untrammelled by spatial physical or temporal limits (see per Lord Scarman in McLoughlin at page 414A).’
Morland J
Times 20-Dec-1997, [1997] EWCA Civ 2749, [2000] Lloyds Law Rep (Medical) 161
England and Wales
Cited by:
CitedRothwell v Chemical and Insulating Co Ltd and Another CA 26-Jan-2006
Each claimant sought damages after being exposed to asbestos dust. The defendants resisted saying that the injury alleged, the development of pleural plaques, was yet insufficient as damage to found a claim.
Held: (Smith LJ dissenting) The . .
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 . .

These lists may be incomplete.
Updated: 30 April 2021; Ref: scu.79626

Chaudhari v British Airways Plc: CA 16 Apr 1997

The passenger injured himself as he fell from an aeroplane chair because of pre-existing injury.
Held: He had no claim under the Convention. The falling of a semi-paralysed person whilst he was trying to get to his feet to go to the lavatory did not constitute an accident. It had not been an ‘accident causing injury’ within the Convention. Leggatt LJ said: ”accident’ is not to be construed as including any injuries caused by the passenger’s particular, personal and peculiar reaction to the normal operation of the aircraft’ and ‘what befell Mr Chaudhari was not caused by any unexpected or unusual event external to him but, but by his own personal, particular and peculiar reaction to the normal operation of the aircraft. As the judge said, he fell as the result of his pre-existing medical condition’.
Leggatt LJ
Times 07-May-1997, [1997] EWCA Civ 1413, CCRTI 96/0229/G
Warsaw Convention for the Unification of Certain Rules regarding International Air Transport 1929 Art 17
England and Wales
Citing:
CitedAir France v Saks 1985
(United States Supreme Court) The claimant suffered damage to and become permanently deaf in one ear as a result of pressurisation changes while the aircraft descended to land. The pressure system had worked normally. The airline said that the . .

Cited by:
CitedDeep Vein Thrombosis and Air Travel Group Litigation HL 8-Dec-2005
The appellants had suffered deep vein thrombosis whilst travelling on long haul air flights. The defendants said that their liability was limited because the injuries were not accidents.
Held: The claimants’ appeal failed. The definition of . .
CitedBarclay v British Airways plc CC 27-Feb-2008
(Oxford County Court) The claimant slipped as she boarded an aircraft and sought damages for injuries to her knee. Her claim was brought under the Convention. The defendant denied that the injury occurred as the result of an accident, saying that an . .

These lists may be incomplete.
Updated: 21 April 2021; Ref: scu.78998

Page v Smith: CA 4 May 1994

The plaintiff was driving his car at 30 miles an hour when the defendant turned right immediately into his path. In the accident both cars suffered damage but the occupants all escaped physical injury. The Plaintiff, however, had suffered for 20 years from chronic fatigue syndrome, which manifested itself from time to time. The judge held that the shock of the accident reactivated this condition which was now in all probability permanent and that it was unlikely that the plaintiff would be able to return to full-time employment, and he awarded damages of pounds 162,153.
Held: Allowing the defendants’ appeal on the ground that psychiatric injury was not a foreseeable consequence of the accident. A claim for damages for pure nervous shock requires that the psychiatric injury should be a foreseeable result.
Times 04-May-1994
England and Wales
Citing:
AppliedKing 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 . .

Cited by:
Appeal fromPage 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 . .

These lists may be incomplete.
Updated: 20 April 2021; Ref: scu.84537

Armstrong and others v British Coal Corporation: CA 28 Nov 1996

Liability for vibration white finger damage was foreseeable from 1973, but liability began in 1975 when precautions became available against the consequences and so the employer was able to protect his employees.
Times 06-Dec-1996, [1996] EWCA Civ 1049
England and Wales
Cited by:
CitedBaker v Quantum Clothing Group Ltd and Others SC 13-Apr-2011
The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the 1989 Regulations came into effect. The claimant had worked in a factory between 1971 and 2001, sustaining noise induced . .

These lists may be incomplete.
Updated: 15 April 2021; Ref: scu.140916

Frost and Others v Chief Constable of South Yorkshire and Others: CA 31 Oct 1996

The distinction normally made between primary and secondary victims claiming damages for shock in witnessing a terrible event does not apply to employees who were obliged by their contract to be present.
Times 06-Nov-1996, [1996] EWHC CA 173
Bailii
England and Wales
Citing:
Appeal fromFrost and Others v Chief Constable of South Yorkshire QBD 3-Jul-1995
Trained rescuers have to be assumed to have a higher distress threshold because of their training and experience, and if a claim for psychiatric injury is to be made out, they must show some exceptional and particular situation to justify the claim. . .

Cited by:
Appeal fromWhite, 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 . .

These lists may be incomplete.
Updated: 14 April 2021; Ref: scu.80695

Regina v Criminal Injuries Compensation Board Ex Parte Dickson: CA 19 Jul 1996

Criminal Injuries Compensation Board need not allow applicant to give evidence in person where there was a character issue.
Times 19-Jul-1996
England and Wales
Citing:
Appeal fromRegina v Criminal Injuries Compensation Board Ex Parte Dickson QBD 20-Dec-1995
A disputed refusal of a claim by the board on the ground of the applicant’s character gave the right to an oral hearing. . .

These lists may be incomplete.
Updated: 11 April 2021; Ref: scu.86472

Bici and Bici v Ministry of Defence: QBD 7 Apr 2004

Claimants sought damages for personal injuries incurred when, in Pristina, Kosovo and during a riot, British soldiers on a UN peacekeeping expedition fired on a car.
Held: The incidents occurred in the course of peace-keeping duties. It was not argued that they occurred in combat, and it was established that in cases of riot, soldiers would be liable in tort. In civil law a belief that a defendant was under threat had to be reasonable to avoid liability. Even so, soldiers were in a particularly difficult position. Soldiers owe the same duties as ordinary citizens, and the latter clearly owe a duty of care in the circumstances. No contributory negligence could be supported. The court applied English law when giving the judgment. Elias J: ‘In trespass, any unlawful interference with the bodily integrity of the claimant will not be unlawful if it is justified and it will be justified if the defendant can establish that the claimant’s conduct was such that the defendant reasonably apprehended that he would be imminently attacked and used reasonable force to protect himself.’
Mr Justice Elias
[2004] EWHC 786(QB), Times 11-Jun-2004
Bailii
England and Wales
Citing:
CitedPalmer v The Queen PC 23-Nov-1970
It is a defence in criminal law to a charge of assault if the defendant had an honest belief that he was going to be attacked and reacted with proportionate force: ‘If there has been an attack so that defence is reasonably necessary, it should be . .
CitedIn re H and R (Minors) (Child Sexual Abuse: Standard of Proof) HL 14-Dec-1995
Evidence allowed – Care Application after Abuse
Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still . .
CitedAttorney General for Northern Ireland’s Reference no 1 of 1975 HL 1975
Often a soldier has to act intuitively, and, in assessing his conduct and judging the action of the reasonable soldier, it is important to recognise that his action ‘is not undertaken in the calm analytical atmosphere of the court room after counsel . .
CitedJames v Campbell 1832
The defendant was involved in a fight at a parish dinner and it was suggested that he had hit the claimant by mistake, giving him two black eyes. The jury were that even on that premise he would be liable. . .
CitedBall v Axten 1866
A defendant who was aiming to hit a farmer’s dog and by mistake hit the farmer’s wife who was trying to protect it was liable in assault. . .
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 . .
CitedLivingstone v Ministry of Defence CANI 1984
The plaintiff was injured when a soldier fired a baton round after some soldiers were attacked by rioters. The round had been deliberately fired, but not to strike the plaintiff. The claim was in negligence and assault and battery. The trial judge . .
CitedF v West Berkshire Health Authority HL 17-Jul-1990
The parties considered the propriety of a sterilisation of a woman who was, through mental incapacity, unable to give her consent.
Held: The appeal succeeded, and the operation would be lawful if the doctor considered it to be in the best . .
CitedLetang v Cooper CA 15-Jun-1964
The plaintiff, injured in an accident, pleaded trespass to the person, which was not a breach of duty within the proviso to the section, in order to achieve the advantages of a six-year limitation period.
Held: Trespass is strictly speaking . .
CitedRegina v Burstow, Regina v Ireland HL 24-Jul-1997
The defendant was accused of assault occasioning actual bodily harm when he had made silent phone calls which were taken as threatening.
Held: An assault might consist of the making of a silent telephone call in circumstances where it causes . .
No part in current lawWilkinson 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 . .
CitedRegina v Savage; Director of Public Prosecutions v Parmenter HL 7-Nov-1991
The first defendant had been convicted of wounding. She had intended to throw beer over her victim, but her glass slipped from her hand, and cut the victim. The second defendant threw his three year old child in the air and caught him, not realising . .
CitedEntick v Carrington KBD 1765
The Property of Every Man is Sacred
The King’s Messengers entered the plaintiff’s house and seized his papers under a warrant issued by the Secretary of State, a government minister.
Held: The common law does not recognise interests of state as a justification for allowing what . .
CitedMulcahy v Ministry of Defence CA 21-Feb-1996
A soldier in the Artillery Regiment was serving in Saudi Arabia in the course of the Gulf war. He was injured when he was part of a team managing a Howitzer, which was firing live rounds into Iraq, and he was standing in front of the gun when it was . .
CitedNissan v The Attorney General HL 11-Feb-1969
The plaintiff was a British subject with a hotel in Cyprus taken over by British troops on a peace-keeping mission. At first the men were there by agreement of the governments of Cyprus and the United Kingdom. Later they became part of a United . .
CitedBurmah Oil Company (Burma Trading) Limited v Lord Advocate HL 21-Apr-1964
The General Officer Commanding during the war of 1939 to 1945 ordered the appellants oil installations near Rangoon to be destroyed. The Japanese were advancing and the Government wished to deny them the resources. It was done on the day before the . .
CitedShaw Savill and Albion Company Ltd v The Commonwealth 1940
(High Court of Australia) The plaintiff owned a ship ‘The Coptic’ which was in a collision with His Majesties Australian Ship ‘Adelaide’. The plaintiff alleged that the collision resulted from the negligence of the defendant’s officers, saying the . .
CitedHughes v National Union of Mineworkers QBD 1991
The court struck out as disclosing no cause of action a claim by a police officer who was injured while policing the miners’ strike and who alleged that the police officer in charge had deployed his men negligently.
Held: The officer in charge . .
CitedBell, Multiple claimants v Ministry of Defence (1) and (2) QBD 21-May-2003
The claimants sought damages for psychiatric injury for stress and anxiety in being engaged on the behalf of the respondent in the course of combat.
Held: The defendant had no duty to maintain a safe system of work for military personnel . .

Cited by:
CitedAl-Jedda v Secretary of State for Defence CA 29-Mar-2006
The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion of terrorism, and interned.
Held: His appeal failed. The UN resolution took priority over the European Convention on Human Rights . .
CitedAshley and Another v Sussex Police CA 27-Jul-2006
The deceased was shot by police officers raiding his flat in 1998. The claimants sought damages for his estate. They had succeeded in claiming damages for false imprisonment, but now appealed dismissal of their claim for damages for assault and . .
CitedSmith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2.
Updated: 10 April 2021; Ref: scu.195488

Dureau v Evans: CA 1996

The court considered the difficulty of quantifying damages in cases involving multiple injuries.
Kennedy LJ said: ‘Help is to be obtained from any source where it happens to be available. To a limited extent, in a case where there are multiple injuries, the figures in the Judicial Studies Board table can help but I accept Mr Murphy’s criticism of them that, where one has a multiplicity of injuries, it is necessary to take an overall view. The off setting process may mean it is not possible to derive a great deal of benefit from that particular source. One then looks to see if anything can be gained from looking at a comparable award, if one is to be found, in another case. Even that may not prove to be a particularly fruitful source of enquiry. It may be necessary, if it be possible, to select what may be the most serious head of injury to see if a comparable award can be found in relation to that and, if so, build on it to allow for the other heads of injury which have been sustained by the plaintiff in the instant case.’
Kennedy LJ
[1996] PIQR Q18
England and Wales
Cited by:
CitedClarke v South Yorkshire Transport Ltd CA 19-Mar-1998
. .

These lists may be incomplete.
Updated: 10 April 2021; Ref: scu.235352

Regina v Home Secretary and Criminal Injuries Compensation Board Ex Parte P and Another: CA 12 May 1994

The exclusion from claiming under the scheme, of victims within the same household, including sex abuse victims was not clearly unreasonable. The fact that the scheme was provided under the Crown prerogative did not exclude it from judicial review.
Independent 12-May-1994, [1995] 1 WLR 845
England and Wales
Citing:
Appeal fromRegina v Criminal Injuries Compensation Board Ex Parte P QBD 29-Apr-1993
A claim under the scheme is to be understood as a privilege and rules excluding some claims not perverse. . .

Cited by:
CitedIn re McFarland HL 29-Apr-2004
The claimant was convicted, imprisoned, and then his conviction was overturned. He sought compensation. He had pleaded guilty after being told by counsel to expect an adverse direction from the magistrate, following a meeting in private between . .

These lists may be incomplete.
Updated: 09 April 2021; Ref: scu.86876

Hunt v Severs: CA 13 May 1993

The plaintiff was injured by the negligence of the defendant. The defendant provided gratuitous nursing care and other assistance to the plaintiff. They married each other.
Held: Where the Plaintiff was voluntarily cared for by the Tortfeasor, she may still eligible for damages for the amount that care would have cost her, had she had to buy it: ‘Where services are voluntarily rendered by a tortfeasor in caring for the plaintiff from motives of affection or duty they should in our opinion be regarded as in the same category as services rendered voluntarily by a third party, or charitable gifts, or insurance payments. They are adventitious benefits, which for policy reasons are not to be regarded as diminishing the plaintiff’s loss. On the facts of the present case the judge’s decision was not in our view contrary to principle or authority and it was fortified by what we regard as compelling considerations of public policy. We consider that he reached the right conclusion and would accordingly dismiss the defendant’s appeal.’
Sir Thomas Bingham MR
Independent 13-May-1993, Times 13-May-1993
England and Wales
Citing:
Appealed toHunt v Severs HL 7-Sep-1994
The tortfeasor, a member of the claimant’s family provided her with voluntary nursing care after the injury. The equivalent cost of that care, was recoverable, but would be held on trust for the carer. The underlying rationale of English Law is to . .

Cited by:
CitedATH and another (Executors of the Estate of M, decd) v MS CA 11-Jun-2002
The claimants were the children of the deceased, seeking damages following the death of their mother. At the time of the death they were not living with their father but moved to live with him after the death. They claimed damages for the services . .
Appeal fromHunt v Severs HL 7-Sep-1994
The tortfeasor, a member of the claimant’s family provided her with voluntary nursing care after the injury. The equivalent cost of that care, was recoverable, but would be held on trust for the carer. The underlying rationale of English Law is to . .
CitedPirelli General Plc and others v Gaca CA 26-Mar-2004
The claimant was awarded damages from his employers, who claimed that the benefits received by the claimant from an insurance policy to which the defendants had contributed should be set off against the claim.
Held: McCamley was no longer good . .

These lists may be incomplete.
Updated: 09 April 2021; Ref: scu.81536

Wignal v The Secretary of State for Transport: Misc 1 Jul 2016

Preston County Court – Claim by the estate of Mr John Wignall deceased, for damages for personal injury in the form of noise-induced hearing loss (‘NIHL’) allegedly suffered by the deceased by reason of exposure to excessive and hazardous levels of industrial noise during the course of his employment with British Railways (‘BR’) as a fireman working on steam locomotives hauling passenger and goods trains in the steam age.
Butler HHJ
[2016] EW Misc B17 (CC)
Bailii
England and Wales

Updated: 26 March 2021; Ref: scu.566582

XP v Compensa Towarzystwo Sa and Another: QBD 13 Jul 2016

The claimant had been injured in two separate car accidents suffering physical and psychiatric injuries. Liability was admitted but the insurers coud not agree apportionment of losses.
Whipple J
[2016] EWHC 1728 (QB)
Bailii
England and Wales
Citing:
CitedBumper Development Corporation Ltd v Commissioner of Police of the Metropolis CA 1991
An Indian temple having a legal persona recognised in India may assert rights and make claims under English Law. Even though it would not be recognised as a litigant if based in England and Wales, it was nonetheless entitled, in accordance with the . .

These lists may be incomplete.
Updated: 15 March 2021; Ref: scu.567070

King v Bristow Helicopters Ltd: IHCS 25 Oct 2000

The definition ‘any other bodily harm’ contained in the Warsaw Convention was wide enough to include psychiatric harm. Returning to the original text of the convention it was clear that it was not intended simply to import the French law, and that the words were ones of expansion, rather than limitation of the scope of damages which could be claimed. Psychiatric harm which was not claimed to be consequent from physical injury or condition, was claimable under the Convention.
Times 25-Oct-2000
Warsaw Convention for the Unification of Certain Rules regarding International Air Transport 1929
Scotland

Updated: 14 March 2021; Ref: scu.82783