September 16, 2025
A two-year-old boy suffered brain damage after cardiac arrest caused by respiratory failure. The doctor negligently failed to attend when called but argued intubation would not have been performed anyway. The House of Lords clarified that expert medical opinion must be logically defensible to satisfy the Bolam test. Facts Patrick...
September 16, 2025
Water from defendants' fire-plug escaped during an exceptionally severe frost and flooded plaintiff's house. The court held the defendants not negligent as they had taken reasonable precautions against ordinary weather conditions and could not have foreseen the unprecedented frost. This case established the classic definition of negligence. Facts The defendants,...
September 16, 2025
A dental house officer suffered a migraine attack during a career advice meeting. She claimed the interviewer abandoned her on the stairs without calling help. The Court of Appeal allowed her appeal against summary judgment, holding that whether a duty of care existed required factual determination applying Caparo principles. Facts...
September 16, 2025
Two Kosovar Albanians were shot by British soldiers during UN peacekeeping operations in Kosovo. The soldiers claimed self-defence, alleging the deceased aimed a weapon at them. The court rejected this defence, finding no reasonable grounds for such belief, and held the Ministry of Defence vicariously liable in negligence and trespass....
September 16, 2025
Actor Steven Berkoff sued journalist Julie Burchill and Times Newspapers for defamation after articles described him as 'hideously ugly' and compared his appearance unfavourably to Frankenstein's monster. The Court of Appeal held by majority that such statements were capable of being defamatory as they could expose him to ridicule and...
September 16, 2025
Mr Berezovsky claimed he was intimidated by Mr Abramovich into selling his interests in Russian oil company Sibneft at an undervalue through threats linked to the Putin regime. He also claimed Mr Abramovich breached fiduciary duties regarding aluminium company Rusal. The Court of Appeal largely upheld permission to amend pleadings...
September 16, 2025
Mrs Beesley claimed damages as widow and executrix following her husband's death from mesothelioma caused by asbestos exposure during his employment with the defendant. The court assessed damages under the Law Reform (Miscellaneous Provisions) Act 1934 and Fatal Accidents Act 1976, awarding £242,853 for pain and suffering, care, loss of...
September 16, 2025
A child taken into care at 10 months alleged the local authority negligently failed in its duty of care during his upbringing, causing psychiatric illness. The House of Lords allowed the appeal against strike out, holding that claims against local authorities for negligent exercise of child care duties are not...
September 16, 2025
Residents of the Vicarage Estate near Ware sued Biffa for nuisance caused by offensive smells from a waste tip receiving pre-treated waste. The Court of Appeal held that the trial judge erred in law by requiring compliance with regulatory permits to equate to reasonable use, and by setting an arbitrary...
September 16, 2025
Workers contracted mesothelioma after being exposed to asbestos by multiple employers. The House of Lords held that defendants liable under the Fairchild exception should bear only several liability proportionate to their contribution to the risk, not joint and several liability for the whole damage. Facts These three conjoined appeals concerned...
September 16, 2025
Claimants alleged sexual assault by Dr Bates during medical examinations arranged by Barclays Bank. The Supreme Court held the Bank was not vicariously liable because Dr Bates was an independent contractor running his own medical practice, not an employee or person in a relationship akin to employment with the Bank....
September 15, 2025
Mr Barber, a schoolteacher, suffered a mental breakdown due to work-related stress after his employer failed to respond adequately to his complaints about workload. The House of Lords restored the trial judge's finding that the employer breached its duty of care by failing to investigate and provide assistance following clear...
September 15, 2025
The Playboy Club sought to bring a deceit claim against BNL after losing a negligence claim concerning a fraudulent credit reference provided by a bank employee. The Court of Appeal held it was not an abuse of process to bring the separate deceit claim, as significant new evidence emerged during...
September 15, 2025
The plaintiff was injured in a car accident caused by the defendant's negligence, damaging his left leg. Before trial, robbers shot his leg, necessitating amputation. The House of Lords held that the defendant remained liable for the original injury's consequences, as the subsequent injury did not diminish or obliterate the...
September 15, 2025
Two employees died in a gas-filled well after their employer negligently used a petrol-driven pump without adequate warnings. A doctor who attempted to rescue them also died. The Court of Appeal held the employer liable for all three deaths, establishing that rescuers injured while responding to dangers created by negligence...
September 15, 2025
Employees in the knitting industry claimed compensation for noise-induced hearing loss from exposure to noise levels between 85-90dB(A) before 1990. The Supreme Court examined employer liability under common law negligence and the Factories Act 1961, determining that compliance with the 1972 Code of Practice provided a defence for average employers...
September 14, 2025
The claimant suffered brain damage after aspirating vomit while hospitalised. The negligent failure to properly resuscitate her after a procedure contributed to her weakened state alongside non-negligent pancreatitis. The Court of Appeal held that where cumulative causes contribute to injury, a claimant need only prove the negligent cause made a...
September 14, 2025
Mr Badger died of lung cancer caused by both asbestos exposure during employment with the Ministry of Defence and his long-term smoking. His widow claimed damages. The court held that Mr Badger's continued smoking constituted contributory negligence, reducing damages by 20 per cent. Facts Reginald Badger worked as a boilermaker...
September 14, 2025
During a May Day demonstration in Oxford Circus, police cordoned approximately 3,000 protesters for seven hours to prevent anticipated violence. The appellant challenged this containment as unlawful deprivation of liberty under Article 5 ECHR. The House of Lords held that proportionate crowd control measures taken in good faith do not...
September 14, 2025
Mrs Attia witnessed her home burning for over four hours due to British Gas's negligent installation of central heating. She claimed damages for psychiatric illness caused by the shock of seeing her property destroyed. The Court of Appeal held that such claims are not barred as a matter of law...
September 14, 2025
Following the fatal police shooting of an unarmed James Ashley during a raid, his family sought disclosure of the officer's disciplinary files in civil proceedings. Despite privacy objections from the intervening officer, the court permitted inspection, balancing privacy rights against the public interest in achieving a fair outcome in important...
September 14, 2025
Three clients sued their solicitors for negligence in civil litigation matters. The House of Lords was asked whether advocates' immunity from negligence claims should continue. The House unanimously abolished the immunity for civil proceedings, fundamentally changing the law to allow clients to sue negligent advocates. Facts Three separate appeals were...
September 14, 2025
A child placed in foster care by a local authority was physically and sexually abused by two sets of foster parents. The claimant sued the local authority, which had not been negligent in selecting or supervising the foster parents. The Supreme Court held the local authority vicariously liable for the...
September 14, 2025
Allied Maples acquired businesses from the Gillow Group but received negligent advice from their solicitors regarding protection against contingent liabilities from assigned leases. The Court of Appeal established that where loss depends on a third party's hypothetical actions, a claimant need only prove a substantial chance of success, with evaluation...
September 14, 2025
Following the Hillsborough disaster where 95 people died in a stadium crush, relatives and friends of victims claimed damages for psychiatric illness caused by witnessing the events on television or at the ground. The House of Lords dismissed all appeals, establishing that recovery for nervous shock requires proximity in time,...
May 1, 2026
National Case Law Archive
May 1, 2026
National Case Law Archive
May 1, 2026
National Case Law Archive