A local authority argued it lacked resources to comply with a repairs notice for homeless accommodation it managed. The House of Lords held the statutory duty to repair under the Housing Act 1985 was mandatory and could not be avoided by financial constraints. Facts Wildtree Hotels Ltd and other companies owned properties which they leased to Harrow London Borough Council (Harrow LBC) for use as temporary accommodation for homeless families. The properties fell into a state of serious disrepair, rendering them unfit for human habitation. An environmental health officer, employed by Harrow LBC, determined that the council itself was the
A claimant suffered a minor head injury in a car accident, leading to severe depression and suicide. The court held that the suicide did not break the chain of causation as it was a foreseeable consequence of the depression caused by the defendant's negligence. Facts The claimant, Mrs Sylvia Whitehead, was a passenger in a car driven by her husband when it was involved in a collision caused by the negligence of the first defendant, Mrs Searle. Mrs Whitehead, then 63, sustained a minor head injury but subsequently developed a profound personality change and severe depression. Approximately three and a
A client made a subject access request to her former solicitors under the Data Protection Act. The solicitors withheld documents, citing legal professional privilege belonging to other clients. The Court of Appeal held privilege is a valid ground for non-disclosure. Facts The claimant, Mrs White, was the widow of Mr Mark White. Following his death, disputes arose between her and the trustees of various family trusts. She engaged the defendant solicitors, Withers LLP, who had previously acted for her and her late husband, and also acted for the trustees. After ceasing to instruct Withers, Mrs White made a subject access
A solicitor was instructed to create a new will benefiting the testator's daughters but negligently delayed until the testator's death. The daughters, who received nothing, sued the solicitor. The House of Lords held the solicitor owed a duty of care to the intended beneficiaries. Facts Mr Barratt, having previously disinherited his daughters (the plaintiffs) after a family dispute, reconciled with them. On 17 July 1986, he instructed his solicitors (the defendants) to draft a new will to include legacies of £9,000 for each daughter. The solicitor handling the matter negligently failed to act on these instructions with due expedition. Numerous
A paying guest died after falling down an unlit staircase in a pub's private quarters. The House of Lords established that 'occupation' under the Occupiers' Liability Act 1957 relates to control, and that multiple parties (here, the brewery and manager) can be concurrent occupiers. Facts The respondents, E. Lacon & Co. Ltd., a brewery company, owned a public house, ‘The Golfer’s Arms’. They entered into a service agreement with Mr. Richardson to manage the pub. Mr. and Mrs. Richardson occupied a private flat on the first floor but were not tenants. The agreement permitted them to take in paying guests.
A property developer, Barratt Homes, connected a surface water drainage system to a public foul sewer. The Court of Appeal held this was unlawful, clarifying that the statutory right to connect under the Water Industry Act 1991 is primarily for domestic premises, not for discharging surface water alone. Facts The appellant, Dŵr Cymru Cyfyngedig (Welsh Water), is the statutory sewerage undertaker for Wales. The respondent, Barratt Homes Ltd, is a property developer. Barratt Homes constructed a new residential development in Abergavenny and, in doing so, connected a new surface water drainage system serving the development to an existing public foul
A firefighter was injured by unsecured equipment in a vehicle responding to an emergency. The court held the employer was not liable, as the urgent need to save a life justified a greater risk than in a commercial setting. This case established the importance of 'social utility' in assessing the standard of care in negligence. Facts A woman was trapped under a heavy lorry following an accident. The fire station, run by the defendants, Hertfordshire County Council, was called to the scene. This required the use of a heavy lifting jack. The specific vehicle designed to carry this jack was
A mother and son, improperly strip-searched during a prison visit, suffered psychiatric injury. The House of Lords rejected their claim for invasion of privacy, stating no such general tort existed in English law, and clarified the tort of intentional infliction of harm. Facts In December 1996, Mrs Carol Wainwright and her son Alan Wainwright visited Armley Prison in Leeds to see another son, Patrick, who was on remand. Alan Wainwright had cerebral palsy and learning difficulties. On suspicion that they were trafficking drugs, prison officers required them to undergo a strip-search. The searches were conducted in a manner that failed
Foster parents were assured they would not receive a known child abuser, but the council placed one who then sexually abused their own children. The parents suffered psychiatric injury and sued. The House of Lords held their claim was arguable. Facts The plaintiffs, Mr and Mrs W, were experienced foster parents. They specifically informed the defendant, Essex County Council, that they were unwilling to foster any child known or suspected to be a sexual abuser. The council, needing to place a 15-year-old boy, G, assured the plaintiffs that there was no history of such behaviour. In reality, G was a
A rugby player was paralysed after a scrum collapsed. He sued the referee for allowing an inexperienced substitute into the front row. The court held that referees owe a duty of care to players to enforce safety rules, establishing referee liability for negligence. Facts The claimant, Mr Richard Vowles, was rendered tetraplegic after a scrum collapsed during an amateur rugby match in January 2000. The injury occurred after a prop forward had to be substituted. The replacement prop, Mr Christopher Ley, had not played in the front row for many years and lacked the necessary experience. The claimant argued that
