Tag: Torts – Other

Khrapunov v JSC BTA Bank: CA 2 Feb 2017

Judges:

Gloster DBE, Beatson, Sales LJJ

Citations:

[2017] EWCA Civ 40, [2017] WLR(D) 71

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Cited by:

Appeal from – JSC BTA Bank v Khrapunov SC 21-Mar-2018
A had been chairman of the claimant bank. After removal, A fled to the UK, obtaining asylum. The bank then claimed embezzlement, and was sentenced for contempt after failing to disclose assets when ordered, but fled the UK. The Appellant, K, was A’s . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, Torts – Other

Updated: 28 April 2022; Ref: scu.573867

Marfani and Co Ltd v Midland Bank Ltd: CA 1968

A rogue opened a new bank account under a false name with the help of an incorrect reference from a valued customer.
Held: When an account is fraudulently opened with the bank in the name of another person by someone pretending to be that person, the person opening the account is the customer.
The court explained the tort of conversion, with special reference to bills of exchange. Liability is strict for misappropriation of goods.
Diplock LJ: ‘It is, however, in my view, clear that the intention of the subsection and its statutory predecessors is to substitute for the absolute duty owed at common law by a banker to the true owner of a cheque not to take any steps in the ordinary course of business leading up to an including the receipt of payment of the cheque, and the crediting of the amount of the cheque to the account of his customer, in usurpation of the true owner’s title thereto a qualified duty to take reasonable care to refrain from taking any such step which he foresees is, or ought reasonably to have foreseen was, likely to cause loss or damage to the true owner.
The only respect in which this substituted statutory duty differs from a common law cause of action in negligence is that, since it takes the form of a qualified immunity from a strict liability at common law, the onus of showing that he did take such reasonable care lies upon the defendant banker. Granted good faith in the banker (the other condition of the immunity), the usual matter with respect to which the banker must take reasonable care is to satisfy himself that his own customer’s title to the cheque delivered to him for collection is not defective, i.e., that no other person is the true owner of it. Where the customer is in possession of the cheque at the time of delivery for collection and appears upon the face of it to be the ‘holder’, i.e., the payee or indorsee or the bearer, the banker is, in my view, entitled to assume that the customer is the owner of the cheque unless there are facts which are, or ought to be, known to him which would cause a reasonable banker to suspect that the customer was not the true owner.
What facts ought to be known to the banker, i.e., what inquiries he should make, and what facts are sufficient to cause him reasonably to suspect that the customer is not the true owner, must depend upon current banking practice, and change as that practice changes. Cases decided 30 years ago, when the use by the general public of banking facilities was much less widespread, may not be a reliable guide to what the duty of a careful banker in relation to inquiries, and as to facts which should give rise to suspicion, is today.
What the court has to do is to look at all the circumstances at the time of the acts complained of and to ask itself: were those circumstances such as would cause a reasonable banker possessed of such information about his customer as a reasonable banker would possess, to suspect that his customer was not the true owner of the cheque?
In all actions of the kind with which we are here concerned, the banker’s customer has in fact turned out to be a fraudulent rogue, and attention is naturally concentrated upon the duty of care which was owed by the banker to the person who has in fact turned out to be the true owner of the cheque. We are always able to be wise after the event, but the banker’s duty fell to be performed before it, and the duty which he owed to the true owner ought not to be considered in isolation. At the relevant time, the true owner was entitled to take into consideration the interests of his customer, who, be it remembered, would in all probability turn out to be honest, as most men are, and his own business interests, and to weigh those against the risk of loss or damage to the true owner of the cheque in the unlikely event that he should turn out not to be the customer himself.’

As to the practice of bankers: ‘The only evidence of the practice of bankers was given by the manager and the securities clerk of the branch in question of the defendant bank. No evidence that the general practice of other bankers differed from that adopted by the defendant bank was called by the plaintiff company, although they knew well in advance of the trial, as a result of searching interrogatories, exactly what steps the defendant bank had taken, and what inquiries they had made. It seems a reasonable inference that what the defendants did in the present case was in accordance with current banking practice. Nield J accepted that it was, and Mr Lloyd has not sought to argue the contrary. What he contends is that this court is entitled to examine that practice and to form its own opinion as to whether it does comply with the standard of care which a prudent banker should adopt. That is quite right, but I venture to think that this court should be hesitant before condemning as negligent a practice generally adopted by those engaged in banking business.’

Judges:

Diplock LJ

Citations:

[1968] 1 WLR 956, [1968] 2 All ER 573

Statutes:

Cheques Act 1957 4

Jurisdiction:

England and Wales

Citing:

Approved – Commissioners of State Savings Bank v Permewan, Wright and Co 18-Dec-1914
(High Court of Australia) The court considered the nature of negligence in a banker: ‘the test of negligence is whether the transaction of paying in any given cheque [coupled with the circumstances antecedent and present] was so out of the ordinary . .

Cited by:

Cited – Dextra Bank and Trust Company Limited v Bank of Jamaica PC 26-Nov-2001
(Jamaica) A cheque was drawn which was used as part a complex financial arrangement intended to purchase foreign currency to work around Jamaica’s foreign exchange control regulations. It was asserted that by presenting the cheque used in the . .
Cited – Architects of Wine Ltd v Barclays Bank Plc CA 20-Mar-2007
The bank appealed summary judgement against it for conversion of cheques. The cheques had been obtained by a fraud.
Held: The court considered the question of neglience under section 4: ‘The section 4 qualified duty does not require an . .
Cited – White v Withers Llp and Dearle CA 27-Oct-2009
The claimant was involved in matrimonial ancillary relief proceedings. His wife was advised by the defendants, her solicitors, to remove his private papers. The claimant now sought permission to appeal against a strike out of his claim against the . .
Lists of cited by and citing cases may be incomplete.

Banking, Torts – Other

Updated: 28 April 2022; Ref: scu.181845

Royal Bank of Scotland Plc v Sandstone Properties Ltd and Others: QBD 12 Mar 1998

A stock-broker who innocently requested the registration of a transfer supported by a duplicate share certificate was obliged to indemnify the company registrar for his loss even though the fraud had been made possible by duplicate share issue.
Tuckey J: ‘The certificate named the true owner of the shares, Mr AF Moore. The fact that Mr Moore did not live at 4 Furness Road did not alter the truth of this statement. The certificate did represent that Mr Moore lived at that address, but there is no evidence that the brokers relied on the address as such. The certificate did not represent that the person in possession of it was Mr Moore. The brokers relied on the fact that the fraudster said that he was Mr Moore. For these reasons I do not think that [Counsel for the stockbroker] can point to any representation in the certificate upon which the brokers relied which might found an estoppel. But even if he could, all the cases in which the company was held to be estopped involved a bona fide purchaser for value of the shares in question. Here [Counsel’s] submission involves saying that the estoppel arises in favour of the fraudster who transferred the shares. That is not the law. If the estoppel cannot avail the fraudster, it cannot avail his agents, the brokers, either.’

Judges:

Tuckey J

Citations:

Times 12-Mar-1998, [1998] 2 BCLC 429

Jurisdiction:

England and Wales

Cited by:

Cited – Cadbury Schweppes Plc and Another v Halifax Share Dealing Ltd and Another ChD 23-May-2006
Fraudsters had successfully contrived to sell shares of others, by re-registering the shares to new addresses and requesting new certificates. The question was which of the company, the company registrars and the stockbrokers should bear the loss. . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 28 April 2022; Ref: scu.88886

United Australia Ltd v Barclays Bank Ltd: HL 1940

A person whose goods were wrongfully converted by another had a choice of two remedies against the wrongdoer. He could recover damages, in respect of the loss he had sustained by the conversion, or he could recover the proceeds of the conversion obtained by the defendant. It is necessary to distinguish election between remedies from election between rights. The House could hear ‘ghosts clanking their mediaeval chains.’

Judges:

Lord Romer, Lord Atkin

Citations:

[1940] 4 All ER 20, [1941] AC 1

Jurisdiction:

England and Wales

Cited by:

Cited – Oliver Ashworth (Holdings) Limited v Ballard (Kent) Limited CA 18-Mar-1999
In order for the landlord to claim double rent where a tenant held over unlawfully after the tenancy was determined, the landlord must not do anything to indicate that the lease might be continuing, for example by denying the validity of break . .
Cited – Regina (G) v Immigration Appeal Tribunal; Regina (M) v Immigration Appeal Tribunal Admn 25-Mar-2004
The applicants sought judicial review of the Immigration Appeal Tribunal’s refusal of leave to appeal. The court had to decide whether such a right survived section 101 of the 2001 Act.
Held: The right to have a judicial review could only be . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Damages

Updated: 27 April 2022; Ref: scu.180889

Sweeney v Coote: HL 16 Apr 1907

Opinions that a combination of Protestant parents to withdraw their children from a National school with the object and result of securing the dismissal of a Roman Catholic teacher, not because of any spite or ill-will entertained by them against her personally, but because of her religious opinions, would not be a ‘conspiracy’ against her such as would furnish her with a ground for an action of damages against the parents.

Judges:

Lord Chancellor (Loreburn), the Earl of Halsbury, Lords Macnaghten, James of Hereford, Robertson, Atkinson, and Collins

Citations:

[1907] UKHL 1004, 44 SLR 1004

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other

Updated: 27 April 2022; Ref: scu.622286

Motasim v Crown Prosecution Service and Others: QBD 15 Aug 2017

The claimant had been arrested on suspicion of terrorism, from his innocent association with people later convicted of terrorism. The defendant discovered evidence which would undermine the case against him, but refuse to disclose it. Eventually, after the prosecutor was refused a PII claim, he was ordered to be released and the case was dropped. The defendant now applied for the claim to be struck out, saying that it was and had to be speculative.
Held: The claimant having established the detention, it was for the defendant to justify it. The claim was not to be struck out. If necessary, material could be adduced under closed procedure.
In a developing area of law, it would be wrong to strike out a claim on the basis of assumed or hypothetical facts.

Judges:

Davison M

Citations:

[2017] EWHC 2071 (QB)

Links:

Bailii

Statutes:

European Convention on Human Rights 5, Human Rights Act 1998 6

Jurisdiction:

England and Wales

Citing:

Cited – Zenati v Police of The Metropolis and Another CA 11-Feb-2015
The claimant appealed against rejection of his claim for damages for false imprisonment and infringement of his human rights. On his arrest for a different offence his passport was suspected to be counterfeit, and he was then held for an offence . .
Cited – Glinski v McIver HL 1962
The court considered the tort of malicious prosecution when committed by a police officer, saying ‘But these cases must be carefully watched so as to see that there really is some evidence from his conduct that he knew it was a groundless charge.’ . .
Cited – Elguzouli-Daf v Commissioner of Police of the Metropolis and Another CA 16-Nov-1994
The Court upheld decisions striking out actions for negligence brought by claimants who had been arrested and held in custody during criminal investigations which were later discontinued. The Crown Prosecution Service owes no general duty of care to . .
Cited – Moulton v Chief Constable of The West Midlands CA 13-May-2010
The claimant appealed against dismissal of his claim for damages for malicious prosecution and misfeasance in public office. He had been arrested and held on allegations of serious sexual assaults, but then released when the matter came to the Crown . .
Cited – Hicks v Faulkner 1878
Before charging a prisoner, a police officer must have ‘an honest belief in the guilt of the accused based upon a full conviction, founded upon reasonable grounds, of the existence of a state of circumstances, which, assuming them to be true, would . .
Cited – Clooth v Belgium ECHR 12-Dec-1991
Hudoc Violation of Art. 5-3; Just satisfaction reserved . .
Cited – Barrett v London Borough of Enfield HL 17-Jun-1999
The claimant had spent his childhood in foster care, and now claimed damages against a local authority for decisions made and not made during that period. The judge’s decision to strike out the claim had been upheld by the Court of Appeal.
Lists of cited by and citing cases may be incomplete.

Human Rights, Police, Torts – Other

Updated: 26 April 2022; Ref: scu.621127

Shields v Shearer and Another: HL 3 Apr 1914

In an action of damages for wrongous arrest brought against two Glasgow policemen who had apprehended the pursuer without warrant, an issue ‘whether on or about 14th October 1912 the defenders wrongfully, illegally, and without reasonable grounds of suspicion apprehended the pursuer in or about Glebe Street, Townnead, and conveyed him to the St Rollox Police Office in Glasgow, to his loss, injury, and damage,’ approved.

Judges:

Lord Chancellor (Haldane), Lord Kinnear, Lord Dunedin, Lord Atkinson, and Lord Shaw

Citations:

[1914] UKHL 403

Links:

Bailii

Jurisdiction:

Scotland

Police, Torts – Other

Updated: 26 April 2022; Ref: scu.620716

Henderson 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 negligence. The defendant relied upon a defence of illegality.
Held: All the heads of claim were barred under public policy.

Judges:

Sir Terence Etherton MR, Sir Ernest Ryder SPT and Lady Justice Macur

Citations:

[2018] EWCA Civ 1841, [2018] WLR(D) 521

Links:

Bailii, WLRD

Statutes:

Forfeiture Act 1982, Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 1, Homicide Act 1957 2, Mental Health Act 1983 3

Jurisdiction:

England and Wales

Citing:

Cited – Regina 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 . .
Cited – Vowles and Others, Regina v CACD 5-Feb-2015
The court considered appeals by prisoners subject to indeterminate sentences (either imprisonment for public protection (IPP) or a life sentence) passed between 1997 and 2008, where there had been medical evidence before the court suggesting the . .
Cited – Patel v Mirza SC 20-Jul-2016
The claimant advanced funds to the respondent for him to invest in a bank of which the claimant had insider knowledge. In fact the defendant did not invest the funds, the knowledge was incorrect. The defendant however did not return the sums . .
Cited – Daniel MNaghtens Case HL 1843
Daniel M’Naghten suffered from a mental disorder under which he believed that he was being persecuted by various bodies in authority, including the Tory Party. He sought to kill the Tory Prime Minister Sir Robert Peel, but shot and killed instead . .
Cited – Young v The Bristol Aeroplane Co Ltd CA 28-Jul-1944
Court of Appeal must follow Own Decisions
The claimant was injured and received compensation. He then sought to recover again, alleging breach of statutory duty by his employers.
Held: The Court of Appeal was in general bound to follow its own previous decisions. The court considered . .
Cited – Clunis (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 . .
Cited – Regina 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 . .
Cited – 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 . .
See Also – Henderson v Dorset Healthcare University NHS Foundation Trust QBD 19-Dec-2016
. .
Cited – Holman 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, . .
Cited – Browning v War Office CA 1962
The plaintiff had been a technical sergeant in the United States Air Force; his pay had been $450 per month and after his injuries caused by the negligence of the defendants’ driver he received only a ‘veteran’s benefit’ of $217 per month
Cited – Hounga 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 . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Crime, Health

Updated: 25 April 2022; Ref: scu.620605

SQ v EIB: ECFI 13 Jul 2018

Judgment – Public service – Staff of the EIB – Complaint for psychological harassment – Administrative inquiry – Concept of ‘moral harassment’ – Requirement that the conduct complained of be repeated as constituting ‘moral harassment’ – Refusal to open the disciplinary procedure to against the perpetrator of these behaviors – Obligation of confidentiality relating to the existence of an administrative inquiry procedure in progress and, subsequently, to the decision closing the proceedings finding the existence of a case of moral harassment

Citations:

ECLI:EU:T:2018:478, T-377/17, [2018] EUECJ T-377/17

Links:

Bailii

Jurisdiction:

European

Employment, Torts – Other

Updated: 25 April 2022; Ref: scu.620048

Al-Nesnas v Al-Najar and Others: CA 10 Jul 2018

Claims of fraudulent (or negligent) misrepresentation, repudiatory breach of contract and other causes of action concerning an investment of approximately pounds 1.6 Million made by Mr Al-Nesnas pursuant to an agreement with the first appellant

Citations:

[2018] EWCA Civ 1619

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other

Updated: 25 April 2022; Ref: scu.619381

Lloyd v Grace Smith and Co: HL 19 Jul 1912

A principal is liable in damages for the fraud of his agent, whether benefited thereby or not, provided the agent is acting within the scope of his employment. In a case where a clerk, purporting to act on behalf of his employer a solicitor, obtained control of and embezzled the property of a client, held that the fact that the clerk was apparently invested by his employer with power to act for him was sufficient to make the employer responsible for his fraud.

Judges:

Earl Loreburn, the Earl of Halsbury, Lords Macnaghten, Atkinson, Shaw, and Robson

Citations:

[1912] UKHL 606, 50 SLR 606

Links:

Bailii

Jurisdiction:

England and Wales

Agency, Torts – Other

Updated: 25 April 2022; Ref: scu.619250

Tomlinson 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 appeal succeeded. The risk of injury arose, not from any danger due to the state of the defendants’ premises, or to things done or omitted to be done on those premises, but from the claimant’s own misjudgment in attempting to dive in water that was too shallow. This was not a risk that gave rise to any duty on the defendants’ part and that, in any event, it had not been a risk in respect of which the defendants might reasonably have been expected to afford the claimant protection. The dangers were signposted, and therefore the 1957 Act did not apply. Under the 1984 Act, the question was whether there was a difference between someone whose entry to the property was as a trespasser, and someone who having entered property lawfully, became a trespasser after by acting outside the terms of the licence. There should not be a difference, and nor should the authority be required to take greater steps than they had to prevent others taking risks which were obvious.
Lord Hoffmann said why the voluntary assumption of risk was a complete answer to his claim: ‘I think it will be extremely rare for an occupier of land to be under a duty to prevent people from taking risks which are inherent in the activities they freely choose to undertake upon the land. If people want to climb mountains, go hand-gliding or swim or dive in ponds or lakes, that is their affair. Of course the landowner may for his own reasons wish to prohibit such activities. He may think that they are a danger or inconvenience to himself or others. Or he may take a paternalistic view and prefer people not to undertake risky activities on his land. He is entitled to impose such conditions, as the Council did by prohibiting swimming. But the law does not require him to do so.
My Lords, as will be clear from what I have just said, I think that there is an important question of freedom at stake. It is unjust that the harmless recreation of responsible parents and children with buckets and spades on the beaches should be prohibited in order to comply with what is thought to be a legal duty to safeguard irresponsible visitors against dangers which are perfectly obvious. The fact that such people take no notice of warnings cannot create a duty to take other steps to protect them. I find it difficult to express with an appropriate moderation my disagreement with the proposition of Sedley LJ that it is ‘only where the risk is so obvious that the occupier can safely assume that nobody will take it that there will be no liability’. A duty to protect against obvious risks or self-inflicted harm exists only in cases in which there is no genuine and informed choice, as in the case of employees whose work requires them to take the risk, or some lack of capacity, such as the inability of children to recognise danger (Herrington v British Railways Board [1972] AC 877) or the despair of prisoners which may lead them to inflict injury on themselves: Reeves v Commissioner of the Police of the Metropolis [2000] 1 AC 360.’

Judges:

Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hutton, Lord Hobhouse of Woodborough, Lord Scott of Foscote

Citations:

[2003] UKHL 47, Times 01-Aug-2003, Gazette 11-Sep-2003, [2003] 3 WLR 705, [2004] 1 AC 46, [2003] NPC 102, [2003] 32 EGCS 68, [2003] 3 All ER 1122, [2004] PIQR P8

Links:

Bailii, House of Lords

Statutes:

Occupier’s Liability Act 1984 1, Occupier’s Liability Act 1957 2

Jurisdiction:

England and Wales

Citing:

Appeal from – Tomlinson v Congleton Borough Council and Another CA 14-Mar-2002
The claimant was injured swimming in a lake in a park. Warning signs clearly indicated that the lake was dangerous for swimming.
Held: The authority were liable. They knew that the lake was attractive to swimmers, and that the signs were . .
Cited – Hillen and Pettigrew v ICI (Alkali) Ltd HL 1936
Stevedores who were lawfully on a barge for the purpose of discharging it, nevertheless became trespassers when they went onto an inadequately supported hatch cover in order to unload some of the cargo. They knew that they ought not to use the . .
Cited – Donoghue v Folkestone Properties Limited CA 27-Feb-2003
The claimant had decided to go for a midnight swim, but was injured diving and hitting a submerged bed. The landowner appealed a finding that it was 25% liable. The claimant asserted that the defendant knew that swimmers were common.
Held: The . .
Cited – British Railways Board v Herrington HL 16-Feb-1972
Land-owner’s Possible Duty to Trespassers
The plaintiff, a child had gone through a fence onto the railway line, and been badly injured. The Board knew of the broken fence, but argued that they owed no duty to a trespasser.
Held: Whilst a land-owner owes no general duty of care to a . .
Cited – Staples v West Dorset District Council CA 5-Apr-1995
There was no duty of care on a landowner to warn of obvious danger on Lyme Regis Cobb. The quay clearly dangerous for anyone to see. . .
Cited – Overseas 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 – 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, . .
Cited – Darby v National Trust CA 29-Jan-2001
The claimant’s husband drowned swimming in a pond on the National Trust estate at Hardwick Hall. Miss Rebecca Kirkwood, the Water and Leisure Safety Consultant to the Royal Society for the Prevention of Accidents, gave uncontradicted evidence, which . .
Cited – Bolton v Stone HL 10-May-1951
The plaintiff was injured by a prodigious and unprecedented hit of a cricket ball over a distance of 100 yards. He claimed damages in negligence.
Held: When looking at the duty of care the court should ask whether the risk was not so remote . .
Cited – Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased) HL 15-Jul-1999
The deceased was a prisoner known to be at risk of committing suicide. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was . .
Cited – Stevenson v Glasgow Corporation 1908
Lord M’Laren said: ‘in a town, as well as in the country, there are physical features which may be productive of injury to careless persons or to young children against which it is impossible to guard by protective measures. The situation of a town . .
Cited – Hastie v Magistrates of Edinburgh 1907
There are certain risks against which the law, in accordance with the dictates of common sense, does not give protection – such risks are ‘just one of the results of the world as we find it’. . .
Cited – Glasgow Corporation v Taylor HL 18-Nov-1921
A father brought an action for damages for the death of his son who had eaten poisonous berries growing in one of the defenders’ public parks. The plants were easily accessible from a children’s play area and it was said that the defender had a duty . .
Cited – Cotton v Derbyshire District Council CA 20-Jun-1994
No notice warning of danger was necessary on a public right of way for an obviously dangerous cliff. The Court upheld the decision of the trial judge dismissing the plaintiff’s claim for damages for serious injuries sustained from falling off a . .
Cited – Karl Andrew Whyte v Redland Aggregates Limited CA 27-Nov-1997
The appellant dived into a disused gravel pit and struck his head on an obstruction on the floor of the pit. The Court dismissed his appeal that he was not entitled to damages.
Held: ‘In my judgment, the occupier of land containing or bordered . .
Cited – Bartrum v Hepworth Minerals and Chemicals Limited QBD 1984
The claimant dived from a ledge on a cliff. In order to avoid shallow water he knew that he had to dive out into the pool but he failed to do so and fractured his neck.
Held: The court dismissed his claim for damages saying ‘So far as the Act . .

Cited by:

Cited – Simonds v Isle of Wight Council QBD 23-Sep-2003
The claimant sought damages, having been injured at a school sports day. The school had carried out a risk asessment and acknowledged a risk of injury.
Held: Not every risk identified could or should be controlled. The injury occurred whilst . .
Cited – Gorringe 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 . .
Cited – Sandhar, Murray v Department of Transport, Environment and the Regions QBD 19-Jan-2004
The claimant asserted a common law duty on the respondent to maintain a roadway free of frost.
Held: No such common law duty existed. Where parliament has conferred a discretionary power, ‘ . . the minimum preconditions for basing a duty of . .
Cited – Jane 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 . .
Cited – McTear v Imperial Tobacco Ltd OHCS 31-May-2005
The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this.
Held: The action failed. The plaintiff had not . .
Cited – Hampstead Heath Winter Swimming Club and Another v Corporation of London and Another Admn 26-Apr-2005
Swimmers sought to be able to swim unsupervised in an open pond. The authority which owned the pond on Hampstead Heath wished to refuse permission fearing liability for any injury.
Held: It has always been a principle of the interpretation of . .
Cited – Keown v Coventry Healthcare NHS Trust CA 2-Feb-2006
The claimant a young boy fell from a fire escape on the defendant’s building. He suffered brain damage and in later life was convicted of sexual offences.
Held: His claim failed: ‘there was no suggestion that the fire escape was fragile or had . .
Cited – Corr v IBC Vehicles Ltd CA 31-Mar-2006
The deceased had suffered a head injury whilst working for the defendant. In addition to severe physical consequences he suffered post-traumatic stress, became more and more depressed, and then committed suicide six years later. The claimant . .
Cited – JL, Regina (on the Application of) v Secretary of State for Justice; Regina (L (A Patient)) v Secretary of State for the Home Department HL 26-Nov-2008
The prisoner was left with serious injury after attempting suicide in prison. He said that there was a human rights duty to hold an investigation into the circumstances leading up to this.
Held: There existed a similar duty to hold an enhanced . .
Cited – Geary v JD Wetherspoon Plc QBD 14-Jun-2011
The claimant, attempting to slide down the banisters at the defendants’ premises, fell 4 metres suffering severe injury. She claimed in negligence and occupiers’ liability. The local council had waived a requirement that the balustrade meet the . .
Cited – Helena Partnerships Ltd v HM Revenue and Customs CA 9-May-2012
The company had undertaken substantial building works and sought associated tax relief. The court was asked whether, following a change in the company’s memorandum and articles of association, the company, a registered social landlord, remained a . .
Cited – Harvey 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 . .
Cited – Cockbill v Riley QBD 22-Mar-2013
The claimant sufferd catastrophic injury diving into a paddling pool at a party held by the defendant for his daughter to celebrate completing her GCSEs.
Held: The claim failed. ‘It was reasonably foreseeable that someone would lose his . .
Cited – Uren v Corporate Leisure (UK) Ltd CA 2-Feb-2011
The claimant suffered injury at a competitive fun day organised by his employers, the RAF at a facility of the respondents. He struck his head diving into a very shallow inflatable pool. He appealed against dismissal of his claim.
Held: The . .
Cited – Ovu 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, Torts – Other

Leading Case

Updated: 24 April 2022; Ref: scu.185424

Secretary of State for The Home Department and Another v TLU and Another: CA 15 Jun 2018

The SSHD appealed on liability from the award of damages after it published on its website statistical and anonymised data about return of asylum and other applicants to their countries of origin. Unfortunately, a link was provided within the data to the non-anonymised data. The claim was at common law for distress and under the 1998 Act.

Judges:

Gross, McFarlane, Coulson LJJ

Citations:

[2018] EWCA Civ 2217

Links:

Bailii

Statutes:

Data Protection Act 1998

Jurisdiction:

England and Wales

Information, Torts – Other

Updated: 24 April 2022; Ref: scu.618389

Worthington and Another v Metropolitan Housing Trust Ltd: CA 17 May 2018

Appeal by the defendant housing association against a judgment holding that the Association had unlawfully harassed two of its tenants contrary to s1 of the 1997 At.

Judges:

Kitchin LJ, Rose J

Citations:

[2018] EWCA Civ 1125

Links:

Bailii

Statutes:

Protection from Harassment Act 1997 1

Jurisdiction:

England and Wales

Housing, Torts – Other

Updated: 22 April 2022; Ref: scu.616342

Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital: HL 21 Feb 1985

Explanation of Medical Risks essential

The plaintiff alleged negligence in the failure by a surgeon to disclose or explain to her the risks inherent in the operation which he had advised.
Held: The appeal failed. A mentally competent patient has an absolute right to refuse to consent to medical treatment for any reason, rational or irrational, or for no reason at all, even where that decision may lead to his or her own death.
However, where a patient does not ask as to the risks, Lord Diplock said: ‘we are concerned here with volunteering unsought information about risks of the proposed treatment failing to achieve the result sought or making the patient’s physical or mental condition worse rather than better. The only effect that mention of risks can have on the patient’s mind, if it has any at all, can be in the direction of deterring the patient from undergoing the treatment which in the expert opinion of the doctor it is in the patient’s interest to undergo. To decide what risks the existence of which a patient should be voluntarily warned and the terms in which such warning, if any, should be given, having regard to the effect that the warning may have, is as much an exercise of professional skill and judgment as any other part of the doctor’s comprehensive duty of care to the individual patient, and expert medical evidence on this matter should be treated in just the same way. The Bolam test should be applied.’ and ‘a doctor’s duty of care, whether he be general practitioner or consulting surgeon or physician is owed to that patient and none other, idiosyncrasies and all.’ .’
Lord Scarman said: ‘Damage is the gist of the action of negligence’

Judges:

Lord Templeman, Lord Diplock, Lord Scarman, Lord Keith

Citations:

[1985] 1 All ER 643, [1985] 2 WLR 480, [1985] AC 871, [1985] UKHL 1

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Bolam v Friern Hospital Management Committee QBD 1957
Professional to use Skilled Persons Ordinary Care
Negligence was alleged against a doctor.
Held: McNair J directed the jury: ‘Where some special skill is exercised, the test for negligence is not the test of the man on the Clapham omnibus, because he has not got this special skill. The test . .
Cited – Maynard v West Midlands Regional Health Authority HL 1985
The test of professional negligence is the standard of the ordinary skilled man exercising and professing to have that special skill. Lord Scarman said: ‘a doctor who professes to exercise a special skill must exercise the ordinary skill must . .
Cited – Whitehouse v Jordan HL 17-Dec-1980
The plaintiff sued for brain damage suffered at birth by use of forceps at the alleged professional negligence of his doctor. The Court of Appeal had reversed the judge’s finding in his favour.
Held: In this case most of the evidence at issue . .

Cited by:

Cited – Airedale NHS Trust v Bland CA 9-Dec-1992
The official Solicitor appealed against a decision that doctors could withdraw medical treatment including artificial nutrition, from a patient in persistent vegetative state.
Held: The doctors sought permission to act in accordance with . .
Cited – Airedale NHS Trust v Bland HL 4-Feb-1993
Procedures on Withdrawal of Life Support Treatment
The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court . .
Cited – Gillick v West Norfolk and Wisbech Area Health Authority and Department of Health and Social Security HL 17-Oct-1985
Lawfulness of Contraceptive advice for Girls
The claimant had young daughters. She challenged advice given to doctors by the second respondent allowing them to give contraceptive advice to girls under 16, and the right of the first defendant to act upon that advice. She objected that the . .
Cited – In re MB (Medical Treatment) CA 26-Mar-1997
The patient was due to deliver a child. A delivery by cesarean section was necessary, but the mother had a great fear of needles, and despite consenting to the operation, refused the necessary consent to anesthesia in any workable form.
Held: . .
Cited – AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust QBD 26-Mar-2004
Representative claims were made against the respondents, hospitals, pathologists etc with regard to the removal of organs from deceased children without the informed consent of the parents. They claimed under the tort of wrongful interference.
Followed – In re T (Adult: Refusal of Treatment) CA 1992
A patient’s right to veto medical treatment is absolute: ‘This right of choice is not limited to decisions which others might regard as sensible. It exists notwithstanding that the reasons for making the choice are rational, irrational, unknown or . .
Cited – Pearce and Pearce v United Bristol Healthcare NHS Trust CA 20-May-1998
A doctor advised a mother to delay childbirth, but the child was then stillborn. She complained that he should have advised her of the risk of the baby being stillborn.
Held: ‘In a case where it is being alleged that a plaintiff has been . .
Cited – Chester 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 . .
Cited – Gregg v Scott HL 27-Jan-2005
The patient saw his doctor and complained about a lump under his arm. The doctor failed to diagnose cancer. It was nine months before treatment was begun. The claimant sought damages for the reduction in his prospects of disease-free survival for . .
Cited – Moy v Pettman Smith (a firm) and another HL 3-Feb-2005
Damages were claimed against a barrister for advice on a settlement given at the door of the court. After substantial litigation, made considerably more difficult by the negligence of the solicitors, the barrister had not advised the claimant at the . .
Cited – JD v East Berkshire Community Health NHS Trust and others HL 21-Apr-2005
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if . .
Cited – Powell and Another v Boldaz and others CA 1-Jul-1997
The plaintiff’s son aged 10 died of Addison’s Disease which had not been diagnosed. An action against the Health Authority was settled. The parents then brought an action against 5 doctors in their local GP Practice in relation to matters that had . .
Cited – F 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 . .
Cited – McFaddens (A Firm) v Platford TCC 30-Jan-2009
The claimant firm of solicitors had been found negligent, and now sought a contribution to the damages awarded from the barrister defendant. They had not managed properly issues as to their clients competence to handle the proceedings.
Held: . .
Applied – Montgomery v Lanarkshire Health Board SCS 30-Jul-2010
Outer House – The pursuer sought damages for personal injuries to her son at his birth, alleging negligence by the medical staff at the defender hospital. She said that she had been advised a cesarian birth for her child, but the doctors had not . .
Cited – NM v Lanarkshire Health Board SCS 23-Jan-2013
Inner House – The pursuer and reclaimer sought reparation for son after grave injury sustained at his birth in a maternity hospital run by the defenders and respondents. She attributes that injury to negligence in a consultant obstetrician. . .
Criticised – Montgomery v Lanarkshire Health Board SC 11-Mar-2015
Change in Doctors’ Information Obligations
The pursuer claimed that her obstetrician had been negligent, after her son suffered severe injury at birth. The baby faced a birth with shoulder dystocia – the inability of the shoulders to pass through the pelvis. The consultant considered that a . .
Cited – Nicklinson and Another, Regina (on The Application of) SC 25-Jun-2014
Criminality of Assisting Suicide not Infringing
The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to . .
Cited – Freeman v Home Office (No 2) CA 1984
A prisoner brought an action in battery against a prison doctor for administering drugs to him by injection. He argued that he was incapable of consenting to the procedure because he was in the defendant’s custody. . He failed at trial.
Held: . .
Cited – In re D (A Child) SC 26-Sep-2019
D, a young adult had a mild learning disability and other more serious conditions. He was taken into a hospital providing mental health services. The external door was locked, and a declaration was sought to permit this deprivation of his liberty, . .
Lists of cited by and citing cases may be incomplete.

Health, Torts – Other, Negligence

Leading Case

Updated: 19 April 2022; Ref: scu.180380

Gujra v Roath and Another: QBD 19 Apr 2018

The claimant appealed from the striking out of his claim. He said that he had burned a car belonging to the defendant at his request. The court had said that if the request had been made as asserted then he must have known that the arrangement would form the basis of an intended insurance fraud.
Held: The appeal failed, though the court should be slow to look to find prima facie dishonesty at a preliminary hearing.

Judges:

Martin Spencer J

Citations:

[2018] EWHC 854 (QB), [2018] WLR(D) 235

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Contract, Torts – Other

Updated: 13 April 2022; Ref: scu.609111

Belhaj and Another v Straw and Others: QBD 20 Dec 2013

The Claimants sought a declaration of illegality and claim damages arising from what they contend was the participation of the seven Defendants in their unlawful abduction, kidnapping and illicit removal across state borders to Libya in March 2004. The claim encompassed allegations that they were unlawfully detained and/or mistreated in four foreign states, China, Malaysia, Thailand, and Libya, and on board a US-registered aircraft; and that their detention and mistreatment was carried out by agents of the States concerned.

Judges:

Simon J

Citations:

[2013] EWHC 4111 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Belhaj and Another v Straw and Others CA 30-Oct-2014
Judiciary 1. In these proceedings the appellants seek a declaration of illegality and damages arising from what they contend was the participation of the respondents in their unlawful abduction, kidnapping and . .
Cited – Belhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 12 April 2022; Ref: scu.519765

Cheshire West and Chester Council v P and Another: COP 14 Jun 2011

The patient, an adult without capacity and with Down’s syndrome and cerebral palsy complained of his treatment, when in order to prevent his habit of eating his nappy, they dressed him in an adult babygrow costume. The court was asked whether the circumstances in which a man who lacks capacity amount to a deprivation of liberty.
Held: The circumstances of P’s life at Z House, and the provision of care and support as set out in the amended care plan, amount to a deprivation of liberty within the meaning of Article 5 of ECHR and the Mental Capacity Act 2005.
Baker J described the general process of the Court of Protection: ‘The processes of the Court of Protection are essentially inquisitorial rather than adversarial. In other words, the ambit of the litigation is determined, not by the parties, but by the court, because the function of the court is not to determine in a disinterested way a dispute brought to it by the parties, but rather, to engage in a process of assessing whether an adult is lacking in capacity, and if so, making decisions about his welfare that are in his best interests.’

Judges:

Baker J

Citations:

[2011] EWHC 1330 (Fam), [2011] EWHC 1330 (COP), [2011] EWCOP 1330

Links:

Bailii, Bailii

Statutes:

Mental Capacity Act 2005

Jurisdiction:

England and Wales

Cited by:

Appeal From – Cheshire West and Chester Council v P CA 9-Nov-2011
The claimant, a disabled adult with cerebral palsy and Downs, asserted that the care plan set out in an order of the Court of Protection involved a contravention of his human rights since it involved a deprivation of his liberty. He was incontinent . .
See Also – Cheshire West and Chester Council v P CA 18-Nov-2011
. .
See Also – P (By His Litigation Friend The Official Solicitor) v Cheshire West and Chester Council and Another and similar SC 19-Mar-2014
Deprivation of Liberty
P and Q were two adolescent sisters without capacity. They complained that the arrangements made for their care amounted to an unjustified deprivation of liberty, and now appealed against rejection of their cases. In the second case, P, an adult . .
Cited – AMDC v AG and Another CoP 18-Nov-2020
Guidance for Expert Witnesses on Capacity
The court was asked as to the preparation and use of expert reports as to the capacity of a patient litigant.
Held: Poole J discussed what was need of expert witness in such cases: ‘it will benefit the court if the expert bears in mind the . .
Lists of cited by and citing cases may be incomplete.

Health, Human Rights, Torts – Other

Updated: 12 April 2022; Ref: scu.445032

Conway v George Wimpey and Co Ltd: CA 1951

A number of contractors were employed in work at the Heathrow Airport. The defendant company had instituted a bus service for their own employees and the driver was prohibited by the defendant company from giving lifts to anyone other than their own employees.
Held: The claim failed. The act of the driver in giving a lift to the plaintiff was outside the scope of his employment. It was not merely a wrongful mode of performing an act of the class which the driver was employed to perform, but was the performance of an act which he was not employed to perform.
Asquith LJ said: ‘I should hold that taking men not employed by the defendants on to the vehicle was not merely a wrongful mode of performing the act of the class this driver was employed to perform, but was the performance of an act of a class ‘which he was not employed to perform at all.’

Judges:

Asquith LJ

Citations:

[1951] 2 KB 266

Jurisdiction:

England and Wales

Cited by:

Not Followed – Rose v Plenty CA 7-Jul-1975
Contrary to his employers orders, a milkman allowed children to assist him in his milkround. One was injured, and sued the milkman’s employer.
Held: The milkman had not gone so far outside the activities for which he was employed for the . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Vicarious Liability

Updated: 12 April 2022; Ref: scu.278318

Ludlow and Others v Burgess: 1972

A police officer has no more right to lay hands on someone than any other member of the community. The person so restrained is entitled to use reasonable force to free himself.

Judges:

Parker LCJ

Citations:

(1972) 75 Cr App R 227

Jurisdiction:

England and Wales

Cited by:

Cited – Wood v Director of Public Prosecutions Admn 14-May-2008
The defendant challenged his conviction for obstructing a police officer and threatening behaviour. The officer had taken hold of him to restrain him, not intending to arrest him, but only to establish whether he was a person they were looking for. . .
Lists of cited by and citing cases may be incomplete.

Crime, Police, Torts – Other

Updated: 12 April 2022; Ref: scu.272770

Fontin v Katapodis: 10 Dec 1962

(High Court of Australia) The plaintiff struck the defendant with a weapon, a wooden T-square. It broke on his shoulder. The defendant then picked up a sharp piece of glass with which he was working and threw it at the plaintiff, causing him severe injury. The Judge had reduced the damages from andpound;2,850 to andpound;2,000 by reason of the provocation.
Held: Provocation could be used to wipe out the element of exemplary or aggravated damages but could not be used to reduce the actual figure of pecuniary compensation. So they increased the damages to the full andpound;2,850.

Judges:

Sir Owen Dixon CJ, McTiernan, Owen JJ

Citations:

[1962] 108 CLR 177, [1963] ALR 582, 36 ALJR 283, [1962] HCA 63

Links:

Austlii

Jurisdiction:

England and Wales

Cited by:

Approved – Lane v Holloway CA 30-Jun-1967
In the context of a fight with fists, ordinarily neither party has a cause of action for any injury suffered during the fight. But they do not assume ‘the risk of a savage blow out of all proportion to the occasion. The man who strikes a blow of . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Torts – Other

Updated: 12 April 2022; Ref: scu.258462

Everett v Ribbands: 1952

The court considered the tort of the malicious obtaining of a search warrant.

Citations:

[1952] 2 QB 198

Jurisdiction:

England and Wales

Cited by:

Cited – Gibbs and others v Rea PC 29-Jan-1998
(Cayman Islands) The respondent worked for a bank. He disclosed a business interest, but that interest grew in importance to the point where he resigned in circumstances amounting to constructive dismissal. His home and business officers were raided . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Police

Updated: 12 April 2022; Ref: scu.184701

Whyfe v Michael Cullen and Partners and Others: CA 15 Nov 1993

The inclusion of a trick clause in a draft lease might be an intent to deceive. It was a triable issue as to whether the leases in issue had been obtained by a fraudulent misrepresentation as to their terms.

Citations:

Ind Summary 13-Dec-1993, Times 15-Nov-1993

Jurisdiction:

England and Wales

Torts – Other, Contract

Updated: 10 April 2022; Ref: scu.90480

Regina v Secretary of State for the Home Department: QBD 7 Sep 2000

A finding that the applicant was an illegal immigrant had been subject to an application for judicial review on the basis that there had been insufficient evidence of an intent to deceive. The review had been refused because of the applicant’s delay. The applicant later sought to claim habeas corpus.
Held: This application was in effect merely a repetition of the earlier rejected application, and was an abuse of process. Although the review application had been refused for delay, the court had considered and rejected the merits of the application.

Citations:

Times 07-Sep-2000

Immigration, Torts – Other

Updated: 09 April 2022; Ref: scu.85508

Regina v Secretary of State for the Home Department and Others, Ex Parte Russell: QBD 31 Aug 2000

An order by a prison governor that a prisoner must submit to a random drug test depended for its lawfulness upon the selection being genuinely random. The order to submit and the order to attend for the test could not be separated. Although in fact the repeated selection of the prisoner, whilst genuinely random, had not been under circumstances where the method and implications of selection had been properly explained. Accordingly the order to attend was unlawful, and the court declined to exercise any discretion to allow the punishment to stand.

Citations:

Times 31-Aug-2000

Statutes:

Prisons Act 19525 16A, Prison Rules 1999 (1999 No 728) 46A, Prison (Amendment) Rules 2000 (2000 No 1794)

Torts – Other, Prisons

Updated: 09 April 2022; Ref: scu.85516

Quaquah v Group 4 Securities Ltd and Another: QBD 27 Jun 2001

The claimant had been detained in an immigration detention centre. He complained of a malicious prosecution by the company, and against the secretary of state, in exercising a non-delegable duty to provide for his safety whilst in custody.
Held: The Secretary of State had used all reasonable care in the selection of the sub-contractor, and was not liable for the wrongful acts of that company’s servants or agents. The duty was delegable.

Citations:

Times 27-Jun-2001

Citing:

See Also – Regina v Secretary of State for the Home Department Ex Parte Quaquah QBD 20-Jan-2000
An asylum seeker had been wrongly accused of riot and sought to sue for damages for malicious prosecution. The Home Secretary, a possible defendant in that action decided to expel the failed asylum seeker.
Held: Such an action was in breach of . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Administrative

Updated: 09 April 2022; Ref: scu.85092

Percy and Another v Hall and Others: QBD 31 May 1996

There was no wrongful arrest where the bylaw under which it was made was invalid. The question is the belief of the arresting officers. The effect of retrospective legislation is not always fully worked through. English law provides no cause of action for invalid administrative acts as such. A ‘second actor’ may be blameless if he detains a person in reliance on what appears to be a lawful authority, whether issued by a ‘first actor’ or otherwise.
Simon Brown LJ said of a byelaw under consideration: ‘Better . . to treat the instrument as valid unless so uncertain in its language as to have no ascertainable meaning, or so unclear in its effect as to be incapable of certain application in any case.’

Judges:

Simon Brown LJ, Schliemann LJ

Citations:

Times 31-May-1996, [1997] QB 924

Cited by:

Cited – Inter Lotto (Uk) Ltd v Camelot Group Plc CA 30-Jul-2003
The claimant and defendant had each operated using a the name ‘HotSpot’ for a name for its lottery. The respondent had registered the name as a trade mark. The claimant began to use the name first and claimed in passing off, and the respondent . .
Cited – Boddington v British Transport Police HL 2-Apr-1998
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
Cited – ID and others v The Home Office (BAIL for Immigration Detainees intervening) CA 27-Jan-2005
The claimants sought damages and other reliefs after being wrongfully detained by immigration officers for several days, during which they had been detained at a detention centre and left locked up when it burned down, being released only by other . .
Cited – Tabernacle v Secretary of State for Defence Admn 6-Mar-2008
The court considered the validity of bye-laws used to exclude protesters from land near a military base at Aldermarston.
Held: The byelaw which banned an ‘camp’ was sufficiently certain, but not that part which sought to ban any person who . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Police, Administrative

Updated: 09 April 2022; Ref: scu.84667

Olotu v Secretary of State for the Home Department and Another: QBD 8 May 1996

A prison governor was not liable for false imprisonment on a CPS’ failure to extend the custody time limit.

Citations:

Times 08-May-1996

Statutes:

Prosecution of Offences (Custody Time Limits) Regulations 1987 (1987 No 299)

Cited by:

Appeal from – Olotu v Home Office and Another CA 11-Dec-1996
The plaintiff was remanded in custody pending trial in the Crown Court and a warrant was issued for her detention which directed the prison governor to hold her until she was delivered to the Crown Court in due course of law. The custody time limit . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 09 April 2022; Ref: scu.84446

Law Debenture Trust Corporation Plc v Ural Caspian Oil Corp Ltd: CA 10 Mar 1994

An assignment which was made intending to defeat a third party’s rights is not itself a cause of action.

Citations:

Independent 10-Mar-1994

Jurisdiction:

England and Wales

Citing:

Appeal from – The Law Debenture Trust Corporation v Ural Caspian Oil Corp Ltd ChD 9-Sep-1992
The burden of agreements binding on shares which had been assigned did not pass simpliciter with the shares. . .

Cited by:

Appealed to – The Law Debenture Trust Corporation v Ural Caspian Oil Corp Ltd ChD 9-Sep-1992
The burden of agreements binding on shares which had been assigned did not pass simpliciter with the shares. . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 09 April 2022; Ref: scu.82959

Kuwait Airways Corporation v Iraqi Airways Company and Another (No 5): QBD 8 Jun 2000

The test of the forseeability of damages in case involving wrongful interference with goods, should be used instead of asking whether or not the damage was the direct or indirect consequence of the tort. The issue arose from failure to see the real issue was usually whether the case arose from contract or tort. No one formulation can encompass all the issues. Though wrongful interference is a tort of strict liability, the test should be that adopted generally in tort, namely the forseeability of the damage complained of.

Citations:

Times 31-May-2000, Gazette 08-Jun-2000

Damages, Torts – Other

Updated: 09 April 2022; Ref: scu.82866

De Balkany v Christie Manson and Woods Ltd: QBD 19 Jan 1995

Over-painting was deemed to be a forgery within the Christie terms and conditions. The exception was excluded. Christie’s was liable under the guarantee it had given. Morison J also considered (obiter) the defendant’s possible liability in tort, and whether they had assumed responsibility for the attribution: ‘I first look at the question generally without reference to the conditions.
The special features of this case are that Christie’s themselves have sole discretion over how they describe a lot. This fact is made known to buyers, in the sense that Christie’s disclose to potential bidders some of the terms on which they are acting for the seller. Christie’s employ skilled personnel who take considerable trouble to satisfy themselves as to the accuracy of the catalogue entries. This is well known. Buyers will know, therefore, that Christie’s have satisfied themselves as to the authenticity of a Lot, and the cataloguing practice which is disclosed, gives considerable latitude for appropriate qualifications where Christie’s are of the opinion that such is called for. The buyer is required to pay a substantial premium to the auctioneer. If the auctioneer assumes no responsibility to him, one might ask what the payment is for. On the other hand, in normal circumstances, a buyer has no reason to believe that an auctioneer has assumed any responsibility to him. The auctioneer is the seller’s agent. The buyer only becomes contractually bound by the conditions when his bid has been accepted.
On balance, and primarily because Christie’s take responsibility for the catalogue description which is an important feature from the buyer’s point of view, and because the buyer pays a premium, I would be inclined to the view that there was an assumption of responsibility such that Christie’s become liable to a buyer for negligent misstatement in the catalogue entries.
Do the Conditions affect this conclusion? Condition 3(a) says that statements in the catalogue are statements of Christie’s opinion. Condition 11(a), under what might be thought to be an inappropriate heading ‘Guarantee’, excludes responsibility for the ‘correctness’ of any such statement but it does not, in terms, exclude responsibility for negligence. Condition 3(c) says that buyers must satisfy themselves as to the opinions expressed in the catalogue. I am, somewhat reluctantly, forced to the conclusion that Christie’s have made it reasonably clear that they have not assumed any responsibility to the buyer for the way in which the statements in the catalogue are prepared.
In my judgment, a buyer at Christie’s, as a buyer at a car auction, must satisfy himself about the goods and cannot, in law, rely upon what Christie’s have said. The only right which a buyer has is that given to him by clause 11(b) where there is a forgery or where Christie’s have been guilty of deceit. I do not regard this conclusion as satisfactory because it means that a buyer has got nothing of substance for his premium.’

Judges:

Morison J

Citations:

Independent 19-Jan-1995, (1997) 16 Tr LR 163

Jurisdiction:

England and Wales

Cited by:

Cited – Morin v Bonhams and Brooks Ltd and Another ComC 18-Mar-2003
Claim for rescission of contract for purchase of Ferrari car at auction after discovery of alteration to odometer.
Jonathan Hirst QC said (after discussing the Christie’s case): ‘Plainly this authority provides substantial ammunition for BandB . .
Cited – Morin v Bonhams and Brooks Limited Bonhams and Brooks S A M CA 18-Dec-2003
The claimant had bought a vintage Ferrari motor car through the defendant auctioneers in Monaco but sought rescission after it appeared that the odometer had been altered. The auction conditions purported to exclude any description of the car. He . .
Cited – Avrora Fine Arts Investment Ltd v Christie, Manson and Woods Ltd ChD 27-Jul-2012
The claimants had bought a painting (Odalisque) through the defendant auctioneers. They now claimed that it had been misattributed to Kustodiev, and claimed in negligence and misrepresentation.
Held: Based on the connoisseurship evidence, the . .
Lists of cited by and citing cases may be incomplete.

Contract, Torts – Other

Updated: 08 April 2022; Ref: scu.79849

PP v The Home Office and Another: QBD 30 Mar 2017

The claimant had said that she was a victim of human trafficking. That claim being rejected, she was taken into immigration detention. She now claimed that this was unlawful.
Held: That the request for review was out of time did not defeat the claim where, the strict requirement having been relaxed because of the nature of the claim. However, the claim of false imprisonment should not be struck out.

Judges:

Parkes QC HHJ

Citations:

[2017] EWHC 663 (QB), [2017] WLR(D) 233

Links:

Bailii, WLRD

Statutes:

European Convention on Human Rights 4

Jurisdiction:

England and Wales

Judicial Review, Human Rights, Immigration, Torts – Other

Updated: 08 April 2022; Ref: scu.581416

Hincks v Sense Network Ltd: QBD 15 Mar 2018

The claimant sought damages alleging that a reference given by the defendant gave a misleading impression: ‘The action raises the issue of the nature of the duty which is owed by a reference writer to the subject of the reference and, in particular, whether in discharging that duty, a reference writer should consider the adequacy and fairness of antecedent investigations upon which facts and opinions in the reference are based.’

Judges:

Lambert J

Citations:

[2018] EWHC 533 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Employment, Torts – Other

Updated: 07 April 2022; Ref: scu.608674

MK Airlines Ltd v Katz and Another (Acting As Joint Liquidator of MK Airlines): ChD 16 Mar 2018

Appeal against orders made following successful misfeasance claims brought by the joint liquidators of an insolvent company against one of its former administrators.

Judges:

Sarah Worthington QC DHCJ

Citations:

[2018] EWHC 540 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Insolvency, Torts – Other

Updated: 06 April 2022; Ref: scu.606431

Property Alliance Group Ltd v The Royal Bank of Scotland Plc: CA 2 Mar 2018

The client sought damages against its former bankers as regards the misselling of interest rate swaps agreements dependant in part upon the dicredited LIBOR interest rates

Judges:

Sir Terence Etherton MR, Lord Justice Longmore and Lord Justice Newey

Citations:

[2018] EWCA Civ 355

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Property Alliance Group Ltd v The Royal Bank of Scotland Plc ChD 21-Dec-2016
Claim for alleged misselling of interest rate swap products. . .
Lists of cited by and citing cases may be incomplete.

Banking, Torts – Other

Updated: 05 April 2022; Ref: scu.605696

Sapkota, Regina (on The Application of) v Secretary of State for The Home Department: Admn 13 Nov 2017

Claim for damages for false imprisonment, arising from the Defendant’s decisions to curtail the Claimant’s leave to remain and to detain him in immigration detention.

Judges:

Dinah Rose QC

Citations:

[2017] EWHC 2857 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other, Immigration

Updated: 05 April 2022; Ref: scu.599419

Coghlan v Chief Constable of Cheshire Police and Others: QBD 17 Jan 2018

The claimant had been demonstrated to be innocent of very serious charges brought against him, and sought a declaration alleging malicious prosecution. The defendants sought a strike out of the claim.

Judges:

Edward Pepperall QC DHCJ

Citations:

[2018] EWHC 34 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Police, Torts – Other, Human Rights

Updated: 03 April 2022; Ref: scu.603725

Sophocleous and Others v Secretary of State for The Foreign and Commonwealth Office and Another: QBD 12 Jan 2018

The 34 claimants complained of assaults, beatings, rape and other acts of violence allegedly inflicted from 1956 to 1958 in Cyprus during the ‘Cyprus Emergency’ (the Emergency) by agents of the United Kingdom government and of the then Colonial Administration of Cyprus.

Judges:

KerrJ

Citations:

[2018] EWHC 19 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other, Armed Forces, Limitation

Updated: 03 April 2022; Ref: scu.602630

GYH v Persons Unknown (Responsible for The Publication of Webpages): QBD 19 Dec 2017

Application without notice to the defendant for an interim non-disclosure order to restrain what she alleges is a campaign of harassment. The campaign consists mainly of the publication of various items or categories of personal information or purported information about the claimant. These include allegations that the claimant has HIV/AIDS, and other information or purported information about her sexual life, and her physical and mental health. It is the claimant’s case that the allegation that she has HIV/AIDS is false, as is some of the other information about her.

Judges:

Warby J

Citations:

[2017] EWHC 3360 (QB)

Links:

Bailii

Statutes:

Protection from Harassment Act 1997

Jurisdiction:

England and Wales

Media, Torts – Other

Updated: 02 April 2022; Ref: scu.602138

TBS v Metropolitan Police Commissioner: QBD 4 Dec 2017

The claimant had been born of an activist mother and an undercover police officer. He now sought damages saying that the discovery of his true history had caused him mental ill health. The defendant now sought the strike out of the claim.

Judges:

Nicol J

Citations:

[2017] EWHC 3094 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other

Updated: 02 April 2022; Ref: scu.601124

Scomadi Ltd and Another v RA Engineering Co Ltd and Others (Judgment): IPEC 27 Oct 2017

Claims and counterclaims covering breach of contract, trade mark infringement, passing off, Registered Community Design (‘RCD’) infringement, UK unregistered design right infringement, negligent misrepresentation, negligent misstatement, infringement of copyright, and rescission .

Citations:

[2017] EWHC 2658 (IPEC)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Main Judgment – Scomadi Ltd and Another v RA Engineering Co Ltd and Others (Orders) IPEC 27-Oct-2017
. .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Contract, Torts – Other

Updated: 31 March 2022; Ref: scu.598318

Proctor v The Chief Constable of Cleveland Police: CA 12 Oct 2017

The claimant appealed against rejection of his allegations of torts associated with his arrest under the 2006 Act, but which had not led to any prosecution.

Judges:

Gross, Simon LJJ

Citations:

[2017] EWCA Civ 1531

Links:

Bailii

Statutes:

Fraud Act 2006

Jurisdiction:

England and Wales

Police, Torts – Other

Updated: 30 March 2022; Ref: scu.596094

Ilori, Regina (on The Application of) v The Secretary of State for The Home Department: Admn 21 Dec 2017

The court was asked whether the Defendant acted lawfully in maintaining detention of the Claimant, a Nigerian national, in an Immigration Removal Centre following receipt of a report prepared under Rule 35 of the Detention Centre Rules 2001

Judges:

Leigh-Ann Mulcahy QC

Citations:

[2017] EWHC 3355 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, Torts – Other

Updated: 30 March 2022; Ref: scu.602588

Ultraleisure Ltd v Stapleton and Others: ChD 21 Jan 2009

Ultraleisure Limited (‘the company’) acting by its liquidator seeks relief against two former directors in respect of alleged misappropriations in excess of pounds 3m.

Judges:

David Richards J

Citations:

[2009] EWHC 67 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Company, Torts – Other

Updated: 30 March 2022; Ref: scu.594616

Vilca and Others v Xstrata Ltd and Another: QBD 30 Jun 2017

The Claimants are 22 Peruvian nationals who claim damages for personal injuries alleged to have been sustained in the course of a protest at the Tintaya copper mine in May 2012.

Judges:

Stuart-Smith J

Citations:

[2017] EWHC 1582 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury, Torts – Other

Updated: 27 March 2022; Ref: scu.589916