October 3, 2025
The Supreme Court heard conjoined mesothelioma appeals. It held that the Fairchild exception applies even where a single known occupational exposure is set against environmental exposure, rejecting the “doubles the risk” test. Any non‑de minimis increase in risk suffices, and epidemiological statistics alone cannot displace this special causation rule. Facts...
October 3, 2025
Mrs Sidaway underwent cervical spine surgery and suffered partial paralysis, a recognised but small risk of the procedure. She claimed her surgeon negligently failed to warn of this risk. The House of Lords held that, applying the Bolam test, there was no negligence and rejected a general doctrine of informed...
October 3, 2025
Mrs Shaw, on behalf of her late father’s estate, claimed additional damages for loss of personal autonomy after a fatal valve implant performed without properly informed consent. The Court of Appeal held that no separate compensatory, vindicatory or conventional damages were available beyond standard personal injury damages. Facts Mr William...
October 3, 2025
A senior social worker was seriously injured when a mentally ill father, known to NHS mental health teams, attacked her after making specific threats. The Court of Appeal held it was arguable that collaborating NHS trusts owed her a common law and Article 2 duty, and reinstated her claims. Facts...
October 3, 2025
The plaintiff’s garden was flooded after a culvert, unlawfully laid in the defendants’ ditch without a protective grid, became blocked during heavy rain. The House of Lords held that an occupier who knows of and continues a trespasser-created hazard is liable in private nuisance. Facts The appellant, Sedleigh-Denfield, owned and...
October 3, 2025
A customs officer walking lawfully between warehouses in London docks was struck by six falling bags of sugar. The Exchequer Chamber held such an unexplained accident, where the docks were under the defendants’ control, was reasonable evidence of negligence, articulating the principle that the accident itself can prove fault. Facts...
October 3, 2025
Mr Bolam, a voluntary psychiatric patient, suffered rare pelvic fractures during unmodified electro-convulsive therapy. He alleged negligence for not using relaxant drugs, restraints, or giving warning. The court held doctors are not negligent if acting in accordance with a responsible body of medical opinion. Facts The plaintiff, John Hector Bolam,...
October 3, 2025
Rylands employed contractors to build a reservoir which burst and flooded Fletcher's neighbouring mine. Despite Rylands having no knowledge of old mine shafts that caused the flooding, he was held strictly liable. This landmark case established that one who brings something dangerous onto their land is liable if it escapes...
October 3, 2025
Mrs Rowlands was unlawfully arrested, handcuffed and prosecuted after complaining about noisy neighbours. A jury found the police conduct wrongful and dishonest. The Court of Appeal held she was entitled to aggravated and exemplary damages, clarified guidance in Thompson, and confirmed exemplary damages can be awarded vicariously against a chief...
October 3, 2025
A Co‑operative milk roundsman, contrary to express instructions, employed a 13‑year‑old boy to help deliver milk. The boy was injured through the roundsman’s negligent driving. The Court of Appeal (by majority) held the employer vicariously liable, as the boy’s work furthered the employer’s business. Facts Mr Christopher Plenty was employed...
October 3, 2025
Trade union officials threatened B.O.A.C. with strike action in breach of contract unless the employer dismissed a non-union employee. The House of Lords held this constituted the tort of intimidation, recognising that threats to breach contracts could form the basis of this tort, and that the Trade Disputes Act 1906...
October 3, 2025
Two patients became paralysed after spinal anaesthetics administered at a hospital. Phenol had seeped through invisible cracks in glass ampoules into the anaesthetic. The Court of Appeal held neither the hospital nor the anaesthetist was negligent, as the risk of invisible cracks was not foreseeable in 1947. Facts Two working...
October 3, 2025
Mrs Robinson, a frail 76‑year‑old pedestrian, was injured when plain‑clothes officers attempted to arrest a drug suspect in a busy street and all fell on her. The Supreme Court held the police owed her a duty of care, rejecting any general immunity and clarifying that Caparo is not a universal...
October 3, 2025
Concert pianist James Rhodes sought to publish an autobiography detailing childhood sexual abuse. His ex-wife brought proceedings on behalf of their son, claiming publication would cause the child psychological harm under the Wilkinson v Downton tort. The Supreme Court allowed the appeal, holding the tort did not extend to truthful...
October 3, 2025
A 20‑year‑old dived into Astbury Mere, striking his head on a submerged fibreglass container and suffering catastrophic injury. As a trespasser, he claimed under the Occupiers’ Liability Act 1984. The Court of Appeal held the occupiers had no duty, as they neither knew nor ought reasonably to have known of...
October 3, 2025
Former Irish Taoiseach Albert Reynolds sued The Sunday Times for libel over an article alleging he lied to the Dáil and his cabinet. The House of Lords rejected a blanket privilege for political speech, instead setting flexible factors for when media publications on matters of public interest gain qualified privilege....
October 3, 2025
Mr and Mrs Reilly were trapped in an overcrowded hospital lift for over an hour and claimed for psychological harm. The Court of Appeal held that mere fear, claustrophobia and transient physical symptoms without a recognisable psychiatric illness or physical injury are not actionable in negligence. Facts Mr and Mrs...
October 3, 2025
Martin Lynch, a known suicide risk, hanged himself in a police cell using an open hatch and spy hole. The House of Lords held the police owed and breached a duty to take reasonable care to prevent his suicide, but reduced damages by 50% for his contributory responsibility. Facts Martin...
October 3, 2025
A severely visually impaired woman underwent a negligently performed sterilisation and gave birth to a healthy child. She claimed child-rearing costs, including extra costs due to her disability. The House of Lords upheld McFarlane, refused such costs, but created a £15,000 conventional award for loss of autonomy. Facts Ms Karina...
October 3, 2025
During wartime, a Ministry inspector was injured by an explosion in a munitions factory operated by contractors. She alleged strict liability without negligence under Rylands v Fletcher. The House of Lords held there is no such liability absent escape from the occupier’s land. Facts The Ministry of Supply owned the...
October 3, 2025
Mr Ratcliffe suffered severe permanent neurological injury following a spinal anaesthetic given during ankle surgery. He alleged negligent misplacement of the needle, relying on res ipsa loquitur. The Court of Appeal upheld the trial judge’s finding of careful practice, rejecting liability and clarifying res ipsa in medical negligence. Facts Mr...
October 2, 2025
The House of Lords held that public nuisance requires common injury to the public, not merely multiple harms to individuals. It disapproved earlier telephone‑call cases, emphasised legal certainty under article 7 ECHR, and allowed both appeals, quashing Mr Goldstein’s conviction and Mr Rimmington’s indictment. Facts Rimmington Mr Rimmington was indicted...
October 2, 2025
Ms Evans, a prisoner, was detained 59 days beyond her correct release date due to a miscalculation based on earlier Divisional Court authority. The House of Lords held the detention unlawful and confirmed that false imprisonment is a strict liability tort, making the State liable in damages despite the governor’s...
October 2, 2025
Convicted prisoners Hague and Weldon claimed damages for unlawful segregation and harsh prison conditions, alleging breach of prison rules and false imprisonment. The House of Lords held that prison rules do not create private law rights and that lawful imprisonment is not converted into false imprisonment merely by unlawful segregation...
October 2, 2025
Senior employees of QBE’s British Marine unit covertly planned a rival P&I business with PRO, soliciting colleagues, misusing confidential information and courting brokers while still employed. The High Court found extensive breaches of fidelity, fiduciary and confidentiality duties, granted springboard injunctions and awarded substantial damages, although most non‑compete covenants were...
April 30, 2026
National Case Law Archive
April 30, 2026
National Case Law Archive
April 30, 2026
National Case Law Archive