A young woman received persistent, unwanted telephone calls from a former friend. She successfully obtained an injunction to stop the harassment, even though she had no proprietary interest in the property. The case extended the tort of private nuisance to protect individuals. Facts The plaintiff, Miss Natasha Khorasandjian, an 18-year-old woman, was subjected to a campaign of harassment by the defendant, Mr Martin Bush, a 29-year-old man. They had been friends, but after their friendship ended, the defendant developed an obsession with the plaintiff. The harassment included threats of violence, unwanted visits, and persistent, menacing telephone calls to her parents’
A woman had a child with haemophilia and autism after her GP negligently advised she was not a carrier of the haemophilia gene. The court held the GP was only liable for costs related to haemophilia, as autism was outside the scope of duty. Facts The claimant, Ms Meadows, was concerned that she might be a carrier of the haemophilia gene, as there was a history of it in her family. She consulted her general practitioner, Dr Khan, to find out her risk. Dr Khan negligently arranged for a blood test only, rather than the required genetic testing. Based on
An 11-year-old boy fell from a fire escape at a hospital while trespassing. The Court of Appeal held the hospital was not liable, as the injury resulted from the boy's dangerous activity, not a defect in the premises. Facts The claimant, an 11-year-old boy, climbed the underside of an external steel fire escape on the grounds of a hospital owned and occupied by the defendant, the Coventry Healthcare NHS Trust. He was attempting to show off to his friends. While climbing, he fell from a height of over 30 feet and suffered significant brain damage and brachial plexus injuries. The
The London Ambulance Service was sued for negligently delaying an ambulance for a patient having a severe asthma attack, causing further injury. The court held that once a 999 call is accepted, the ambulance service owes a duty of care to that specific individual. Facts The claimant, Caroline Kent, was pregnant and suffering from a serious asthma attack. Her general practitioner, Dr. Griffiths, attended her at home and, at 16:25, telephoned 999 to request an ambulance to take her to hospital. The London Ambulance Service (LAS) operator accepted the call and assured the doctor that an ambulance was “on its
A music services company posted criticisms of a band on their website. The band sued for libel. The Supreme Court clarified the defence of 'honest comment', ruling that the comment need only identify the subject matter, not repeat all underlying facts. Facts The appellants were professional musicians in a group called ‘The Gillettes’. The respondents ran a company, ‘APL’, which provided services to the entertainment industry, including an online directory and booking services. The appellants were listed on APL’s website. A dispute arose over a booking, leading APL to post a notice on its website stating the appellants were in
A psychiatrist, engaged as an expert witness, negligently signed a joint statement damaging her client's personal injury claim. The Supreme Court abolished the long-standing immunity from suit for breach of duty enjoyed by expert witnesses regarding their preparatory work and evidence. Facts The claimant, Mr Jones, was knocked off his bicycle by a car driven by an uninsured driver in 2001. He pursued a claim for damages for physical and psychiatric injury. He was examined by a consultant clinical psychologist, Dr Kaney (the respondent), who was instructed as an expert witness on his behalf. Dr Kaney initially diagnosed him with
Two teenage boys were seriously injured when a derelict boat they were attempting to repair fell on them. The boat was abandoned on council land. The House of Lords held the council liable, establishing that the risk of injury was foreseeable. Facts The claimant, Justin Jolley, a 14-year-old boy, sustained severe spinal injuries resulting in paraplegia. The accident occurred when a small, abandoned cabin cruiser, left lying on a grassed area on an estate owned by the defendant, the London Borough of Sutton, fell on him. The boat had been derelict and in a dangerous condition for at least two
A claimant developed asymptomatic pleural plaques from negligent asbestos exposure at work. The House of Lords held that the plaques, being harmless and causing no physical impairment, did not constitute actionable 'damage' in tort, overturning previous authorities on asbestos-related personal injury claims. Facts This case, heard alongside several other similar appeals (notably Rothwell v Chemical & Insulating Co Ltd), concerned Mr Johnston, who was exposed to asbestos dust whilst employed by the defendants, NEI International Combustion Ltd. This exposure was admitted to have been negligent. As a result, Mr Johnston developed pleural plaques. Pleural plaques are areas of fibrous thickening
An employee's work injury reduced his earning capacity. Before trial, a separate, naturally occurring disease made him totally unfit for work. The House of Lords held the employer was only liable for lost earnings until the supervening illness's onset, treating it as a 'vicissitude of life'. Facts In 1973, the appellant, Mr Jobling, sustained a back injury (a slipped disc) at work due to his employer’s (the respondent’s) breach of statutory duty. This injury resulted in a continuing partial incapacity, reducing his earning capacity by 50%. In late 1976, before the trial for damages, he was diagnosed with spondylotic myelopathy,
Parents, wrongly accused of child abuse by health professionals, sued for psychiatric injury. The House of Lords held professionals owed no duty of care to parents in this context, as it would conflict with their paramount duty to protect the child's welfare. Facts This case comprised three conjoined appeals. In each, parents were wrongly suspected of abusing their children by medical professionals or social workers. In the case of JD, he was suspected of injuring his daughter. In the case of RK and MAK, they were suspected of fracturing their son’s skull. In the case of MK, a local authority
