A doctor built a consulting room next to a confectioner, whose noisy machinery had operated for over 20 years. The court granted an injunction, finding the noise was now a nuisance and rejecting the defence of 'coming to the nuisance'. Facts The claimant, Dr Sturges, was a physician who in 1873 moved into a property on Wimpole Street. His consulting room was situated at the back of his garden. The defendant, Mr Bridgman, was a confectioner who had operated his business at the back of his adjacent property on Welbeck Street for over 20 years. The defendant used large mortars
A motorcyclist was injured at a dangerous junction. He sued the council for failing to exercise its statutory power to remove an obstruction. The House of Lords held the council was not liable for this omission, establishing that a statutory power does not create a common law duty of care. Facts The plaintiff, Mr Stovin, was seriously injured when his motorcycle collided with a car driven by the defendant, Mrs Wise, at a T-junction. Visibility at the junction was dangerously restricted by a bank of earth on land owned by British Rail. The highway authority, Norfolk County Council, was aware
A 'one-man' company, used entirely as a vehicle for a massive fraud by its sole director, sued its auditors for negligently failing to detect the fraud. The court held that the fraud was attributed to the company, barring its claim based on the illegality principle (ex turpi causa). Facts Stone & Rolls Ltd (S&R), acting through its liquidators, brought a claim for over US$94 million against its auditors, Moore Stephens (MS). The claim was for negligence, alleging that MS had failed in its duty to detect and report a massive, fraudulent scheme perpetrated by S&R’s sole director and shareholder, Mr
A wife posted on Facebook that her ex-husband 'tried to strangle me'. The Supreme Court overturned a libel finding against her, establishing that the meaning of words on social media should be determined by how an ordinary reader would understand them contextually. Facts Mrs Nicola Stocker made a post on the Facebook wall of her ex-husband’s new partner, Ms Bligh. The post included the comment, “he tried to strangle me”. This was part of an exchange of comments with Ms Bligh. Mr Ronald Stocker subsequently brought an action for libel against Mrs Stocker, claiming the words meant he had attempted
A postman was injured by a negligent and uninsured cyclist while on duty. The court ruled that his employer, the Post Office, did not have an implied contractual duty to provide insurance cover for employees injured by a third party's negligence. Facts The claimant, Mr Stark, a postman employed by the Post Office, was struck and injured by a cyclist whilst on his delivery round. The cyclist was at fault but was uninsured and had no financial means to satisfy a judgment against him. Mr Stark suffered significant loss, including general damages for pain and suffering and special damages for
A fire caused by faulty wiring at a tyre-fitting business spread to an adjoining property. The defendant was not held strictly liable under Rylands v Fletcher because the items brought onto the land (tyres) did not themselves escape, only the fire did. Facts The defendant, Mr Stannard, operated a tyre-fitting business, Wyvern Tyres, from a unit on a trading estate. In February 2008, a fire, which likely originated from an electrical fault in the wiring, ignited a large collection of tyres stored on the premises. The blaze became incredibly intense due to the approximately 3,000 tyres acting as fuel, and
Mr Tipping's property was damaged by noxious vapours from a smelting works. The House of Lords established that where a nuisance causes material injury to property, the industrial character of the neighbourhood is no defence, distinguishing this from mere personal discomfort. Facts In 1860, the claimant, Mr Tipping, purchased a large estate in St Helen’s, Lancashire. Approximately one year later, the defendant company, St Helen’s Smelting Co, erected a copper-smelting works about a mile and a half from the claimant’s property. The discharge of noxious vapours from these works caused significant damage to the trees, shrubs, crops, and cattle on
An ex-employee sued his former employer for providing a negligent and damaging reference which caused him economic loss. The House of Lords held that an employer owes a duty of care to an employee when preparing a reference for a third party. Facts The plaintiff, Mr Spring, was dismissed from his role as a company sales director for Guardian Assurance plc (‘Guardian’). He then sought to work for another insurance company, Scottish Amicable, in a similar capacity. Under the rules of the regulatory body, the Life Assurance and Unit Trust Regulatory Organisation (LAUTRO), Scottish Amicable was required to seek a
Contractors negligently cut a power cable, causing a power cut at the plaintiff's factory. The court allowed recovery for physical damage to metal and consequential loss of profit on that metal, but not for pure economic loss on subsequent melts. Facts The plaintiffs, Spartan Steel and Alloys Ltd, operated a stainless steel factory in Birmingham which ran 24 hours a day. The defendants, Martin & Co (Contractors) Ltd, were conducting roadworks nearby. In the course of using an excavator to dig up the road, the defendants’ employees negligently damaged an electric cable. The cable was not owned by the plaintiffs,
An oil tanker's master discharged 400 tons of oil to save the ship and crew after it grounded. The oil polluted Southport's foreshore. The corporation's claim in trespass and nuisance failed as the damage was consequential, not direct. Facts The defendants’, Esso Petroleum Co Ltd, oil tanker ‘Inverpool’ developed a steering fault while in the Ribble estuary and ran aground on a sandbank. The weather conditions were poor and there was a danger of the vessel breaking her back. To save the vessel and the lives of the crew, the master discharged approximately 400 tons of fuel oil. This oil
