Ship charterers negligently spilled oil in Sydney Harbour. Welding sparks ignited cotton debris floating on the oil, causing a fire that damaged the claimant’s ships. The court found that although the risk of fire was slight, it was a real and foreseeable risk, making the charterers liable. Facts The appellants (defendants) were the charterers of the ship, the Wagon Mound. The ship’s engineers negligently allowed a large quantity of furnace oil to be discharged into Mort’s Bay, Sydney Harbour. The oil spread over a significant part of the bay and congealed on the water’s surface around the respondents’ (plaintiffs’) ships,
An employer's liability insurer, Zurich, paid a mesothelioma claim and sought contribution from a previous insurer, IEG. The employee's asbestos exposure spanned both policy periods. The Supreme Court held that liability should be apportioned between the insurers based on 'time on risk'. Facts An employee, Mr Carré, was negligently exposed to asbestos dust while employed by C M C (Crossley) Limited in Guernsey between 1961 and 1988. He subsequently developed mesothelioma and died. Under the Employers’ Liability (Compulsory Insurance) (Guernsey) Law 1993, an employee suffering from a disease caused by exposure during employment can claim compensation from any insurer who
In conjoined appeals, children who suffered parental abuse or educational neglect sued local authorities for damages. The House of Lords held that authorities did not owe a common law duty of care in exercising their statutory child protection and education functions, primarily for public policy reasons. Facts This case comprised five conjoined appeals against decisions to strike out claims against local authorities for negligence and breach of statutory duty. The cases fell into two categories: The Child Abuse Cases X v Bedfordshire County Council: The plaintiffs, five children, suffered severe parental neglect and abuse over several years. Despite numerous reports
A photographer at a horse show was injured when a competitor's horse veered off course. The court held that participants in sports owe a duty to spectators, but will only be liable for conduct showing reckless disregard for their safety. Facts The plaintiff, Mr. Wooldridge, was a photographer attending a national horse show. He had positioned himself inside the arena area, near the line of the course, to take photographs of the competitors. One of the competitors, the first defendant Mr. Sumner, was riding a horse named ‘Work of Art’ in a competition that involved speed and skill. As Mr.
A ten-year-old pupil suffered a severe brain injury during a swimming lesson arranged by her school but provided by independent contractors. The Supreme Court established the school owed the pupil a non-delegable duty to ensure her safety, making it potentially liable. Facts The claimant, Annie Woodland, was a 10-year-old pupil at a school for which the defendant, Essex County Council, was the education authority. The school arranged for pupils to have swimming lessons during school hours as part of the physical education curriculum. These lessons took place at a swimming pool run and occupied by a different local authority. The
A disgruntled employee deliberately leaked colleagues' personal data. The Supreme Court held that the employer, Morrisons, was not vicariously liable because the employee's act was a personal vendetta, not an act done a in the course of his employment. Facts An employee of Morrisons, Mr Andrew Skelton, a senior IT internal auditor, developed a grievance against the company following disciplinary proceedings. Tasked with transmitting payroll data for the entire workforce to an external auditor, Skelton illicitly copied the data, which included names, addresses, bank account details, and salaries of nearly 100,000 employees. He subsequently uploaded this data to a publicly
A premature baby was given excess oxygen due to a doctor's negligence and subsequently went blind. However, there were other potential innocent causes. The House of Lords held the plaintiff must prove causation on the balance of probabilities, not simply that negligence increased the risk. Facts The plaintiff, Martin Wilsher, was born three months prematurely, weighing only 1.2 kg. He required care in a special care baby unit and was placed on oxygen therapy. A junior doctor negligently inserted a catheter into a vein rather than an artery, leading to monitoring equipment providing falsely low readings of the arterial oxygen
A miner was injured due to a defective haulage system. His employer argued they had fulfilled their duty by appointing a competent manager. The House of Lords held that the employer's duty to provide a safe system of work is personal and non-delegable. Facts The respondent, Mr English, was a coal miner employed by the appellants, Wilsons & Clyde Coal Company, Ltd. He was injured at the end of his shift while making his way to the pit bottom along a main haulage road. The haulage system in that section was meant to be stopped to allow the men of
A director, Mr Willers, was sued by a company at the behest of Mr Gubay. After successfully defending the claim, Willers sued Gubay’s estate for malicious prosecution. The Supreme Court confirmed the tort can apply to civil as well as criminal proceedings. Facts Mr Willers, a former director of a company called Langstone, was the subject of a civil claim brought by Langstone for alleged breach of contractual and fiduciary duties. Mr Willers contended that the claim was instigated and pursued by Mr Albert Gubay, the ultimate owner of the company, for malicious reasons. Willers successfully defended the litigation brought
A man falsely told a woman her husband was badly injured in a practical joke. She suffered severe nervous shock and physical illness as a result. The court found she had a valid claim, establishing that intentionally causing nervous shock that leads to physical harm is an actionable tort. Facts The defendant, Mr Downton, as a practical joke, told the plaintiff, Mrs Wilkinson, that her husband had been seriously injured in an accident. He informed her that her husband, Thomas Wilkinson, was lying at The Elms public-house in Leytonstone with both his legs broken and that she should go to
