March 20, 2026
Assault and battery represent two of the oldest and most fundamental offences known to the common law of England. Though the terms are frequently used interchangeably in popular discourse, they are in law distinct concepts, each protecting a different dimension of the individual. Assault guards the mind against the fear...
March 20, 2026
The appellant aggressively interrogated a lodger about a missing ring, allegedly striking him and locking him in a room. The victim escaped through a window and was injured. The Court of Appeal held that 'actual bodily harm' can include psychiatric injury but not mere emotions like fear or distress, and...
March 19, 2026
Mrs Savage threw beer over Miss Beal in a pub; the glass broke and cut Miss Beal's wrist. The House of Lords held that for assault occasioning actual bodily harm under section 47, the prosecution need only prove an assault and that actual bodily harm resulted, without requiring foresight of...
March 19, 2026
The defendant stole money from a gas meter, causing gas to leak and partially asphyxiate a neighbour. The Court of Appeal quashed his conviction for maliciously administering a noxious substance, ruling that 'maliciously' requires foreseeability of harm, not merely general wickedness from an unrelated unlawful act. Facts The defendant removed...
March 19, 2026
The appellant engaged in stalking behaviour towards Miss Wilson, including delivering over 800 letters and making threats. The victim suffered depression and anxiety. The Court of Appeal held that words alone, including written letters, can constitute an assault if they cause the victim to apprehend immediate unlawful violence. Facts The...
March 19, 2026
Tuberville grabbed his sword handle but stated he would not act because judges were in town. Savage attacked him, causing loss of an eye. The court held that conditional threats without imminent harm do not constitute assault, establishing that words can negate an apparent threat. Facts Savage made insulting comments...
March 19, 2026
The Latin phrase novus actus interveniens – meaning “a new intervening act” – describes one of the most significant limiting principles in the law of tort and, to a lesser extent, criminal law. It refers to an event that occurs after the defendant’s wrongful act and is sufficiently independent to break the...
March 19, 2026
Mr Spencer suffered a minor knee injury at work which led to leg amputation. Later, while filling his car at a petrol station without using his prosthesis or walking sticks, he fell and sustained further serious injuries. The Court held the original tortfeasor remained liable for the subsequent injury, reduced...
March 19, 2026
The Heimgar suffered collision damage from the Carslogie, then heavy weather damage on voyage to repairs. Both were repaired concurrently. The House of Lords held the Carslogie's owners were not liable for detention damages as the Heimgar was already immobilised by the weather damage when collision repairs occurred. Facts On...
March 19, 2026
The claimant suffered an ankle fracture due to the defendant council's negligence. The defendant sought to amend its defence to argue that negligent NHS surgery broke the chain of causation. The District Judge refused permission, but the High Court allowed the appeal, holding there is no rule requiring 'grossly negligent'...
March 19, 2026
Mrs Webb, a polio survivor, injured her knee tripping at work. Her consultant negligently advised amputation without proper investigation or discussing alternatives. The Court of Appeal held that had she been properly advised, she would not have consented to amputation, and apportioned liability between her employer and the NHS Trust....
March 19, 2026
Following a major oil spill off Nigeria's coast in December 2011, claimants argued there was a continuing nuisance while oil remained on their land, allowing fresh limitation periods. The Supreme Court held that a one-off event causing ongoing damage does not constitute a continuing nuisance; the cause of action accrued...
March 19, 2026
A woman was raped by an elder of the Jehovah's Witnesses. The Supreme Court considered whether the organisation was vicariously liable. While the relationship between elder and organisation was akin to employment (stage 1 satisfied), the rape was not sufficiently connected to his authorised activities as elder (stage 2 failed)....
March 19, 2026
The formation of a contract in English law requires, at its most elementary, an offer, an acceptance, consideration, and an intention to create legal relations. Whilst acceptance is often communicated expressly – by letter, email, or spoken word – the common law has long recognised that a party may accept...
March 19, 2026
English contract law rests on a deceptively simple proposition: a binding agreement emerges when one party makes an offer and another accepts it. This framework, often described as the cornerstone of contractual formation, has shaped commercial dealings for centuries. Yet beneath its apparent simplicity lies a rich and occasionally contested...
March 19, 2026
A horse trainer bought oats matching a sample shown to him, but mistakenly believed they were old oats when they were new (green) oats. The court held that the seller was not obliged to correct the buyer's unilateral mistake. This case established the objective test for contract formation. Facts Mr...
March 19, 2026
RTS agreed to supply automated equipment to Müller under a Letter of Intent while negotiating detailed contract terms. Work proceeded without a formal contract being signed. The Supreme Court held that by their conduct, particularly a variation agreement on 25 August 2005, the parties waived the ‘subject to contract’ requirement...
March 19, 2026
Reveille produced MasterChef US and negotiated with Anotech to integrate cookware products into episodes and license the MasterChef brand. A Deal Memo stated it was not binding until signed by Reveille, but Reveille never signed. The Court held a binding contract was formed through Reveille's conduct in performing the agreement's...
March 19, 2026
Mr Partridge advertised wild birds for sale in a magazine. He was charged with offering for sale a bramblefinch contrary to the Protection of Birds Act 1954. The court held the advertisement was merely an invitation to treat, not an offer for sale, establishing that advertisements are generally invitations to...
March 19, 2026
An auctioneer advertised office furniture for sale at auction. The plaintiff travelled to attend but the goods were withdrawn. The court held that an advertisement of an auction is merely a declaration of intent, not an offer, so the auctioneer was not liable for the plaintiff's wasted expenses. Facts The...
March 19, 2026
Wang Global sought permission to appeal against a costs order made against it as a non-party under section 51 of the Supreme Court Act 1981. The Court of Appeal granted permission, finding it arguable that the judge below had not properly applied legal principles when exercising his discretion on non-party...
March 19, 2026
McLean offered to sell iron warrants to Stevenson, open till Monday. Stevenson sent an inquiry about modified terms, which McLean ignored before selling to another party. The court held Stevenson's inquiry was not a counter-offer rejecting the original offer, and their subsequent acceptance created a binding contract. Facts The plaintiff,...
March 19, 2026
Dodds offered to sell property to Dickinson, promising to keep the offer open until Friday 9 AM, but sold to a third party (Allan) before Dickinson accepted. Dickinson, having learned of the sale to Allan from an intermediary, nevertheless attempted to accept and sued for specific performance. The Court of...
March 19, 2026
Van Tienhoven posted an offer to sell tinplates from Cardiff to Byrne in New York. Byrne accepted by telegram upon receipt, but Van Tienhoven had already posted a revocation letter. The court held that revocation is only effective upon actual communication to the offeree, not upon posting. Facts Van Tienhoven...
March 19, 2026
Claimants alleged their solicitors were negligent in failing to advise that a share sale transaction had completed, thereby losing their right to enforce undertakings for payment. The court found completion did not occur as no confirmatory telephone call took place between solicitors, and dismissed the negligence claim. Facts The claimants,...
May 3, 2026
National Case Law Archive
May 3, 2026
National Case Law Archive
May 3, 2026
National Case Law Archive