A steel erector died after falling from a tower when not wearing a safety belt. His employers had failed to provide one, but evidence showed he had never worn safety belts when available. The House of Lords held that the breach of duty did not cause his death, as he...
The widow of a man who died from lung cancer sued a tobacco manufacturer for negligence. The court dismissed the claim, finding she had failed to prove that any breach of duty by the company caused her husband to smoke. Facts The pursuer, Mrs McTear, brought an action for damages...
Mrs McLoughlin suffered severe psychiatric illness after arriving at hospital to find her family seriously injured and her daughter dead following a road accident caused by the defendants' negligence. The House of Lords held she could recover damages for nervous shock despite not witnessing the accident itself, establishing that liability...
The appellant suffered a leg injury at work causing intermittent weakness. Days later, he attempted to descend steep stairs without assistance despite knowing his leg could give way. When it did, he jumped and fractured his ankle. The House of Lords held his unreasonable conduct broke the chain of causation....
A brickworks employee contracted dermatitis after working in hot, dusty conditions. His employers failed to provide shower facilities, which would have materially reduced the risk of disease. The House of Lords held that materially increasing the risk of injury was equivalent to materially contributing to causing the injury, allowing the...
Following a negligently performed vasectomy and incorrect advice that Mr McFarlane was sterile, Mrs McFarlane became pregnant and gave birth to a healthy fifth child. The House of Lords held that while the mother could recover damages for pain and suffering from pregnancy and childbirth, neither parent could recover the...
Mr Marcic's property suffered repeated flooding from overloaded public sewers. He sued Thames Water in nuisance and under the Human Rights Act. The House of Lords held that the statutory scheme under the Water Industry Act 1991 provided the exclusive remedy for inadequate drainage, precluding common law nuisance claims and...
A cargo ship developed hull cracks during a voyage. A classification society surveyor initially recommended permanent repairs but reversed this decision, allowing the vessel to sail with temporary repairs. The ship sank, losing all cargo. Cargo owners sued the classification society in negligence. The House of Lords held no duty...
Mrs Malone, a licensee occupying premises through her husband's employment, was injured when a cistern bracket fell. The Court of Appeal held she could not sue the property owners for nuisance (having no proprietary interest) or negligence (no contractual duty owed to her). This case established that only those with...
An employee claimed his departmental manager harassed and bullied him at work. He sued his employer under the Protection from Harassment Act 1997, arguing the employer was vicariously liable for the manager's conduct. The House of Lords held employers can be vicariously liable for harassment committed by employees in the...
Theatre proprietor Lumley sued Gye for maliciously inducing opera singer Johanna Wagner to break her exclusive performance contract with his theatre. The Queen's Bench held (3-1) that an action lies for maliciously procuring breach of a contract for exclusive personal services, establishing the tort of inducing breach of contract. Facts...
Foreign national prisoners were detained pending deportation under an unpublished policy inconsistent with the Secretary of State's published policy. The Supreme Court held this constituted false imprisonment, but since lawful detention would have been inevitable under the published policy, only nominal damages were awarded. Facts The appellants, Walumba Lumba (a...
A fire at the defendants' polystyrene manufacturing premises spread to adjoining units owned and occupied by the claimants, causing extensive damage. The court found the defendants strictly liable under Rylands v Fletcher for non-natural use of land involving dangerous materials, and alternatively liable in negligence for inadequate fire safety measures...
A lorry driver negligently injured his father while reversing in a yard during employment. The employer, held vicariously liable, sought indemnity from the driver. The House of Lords held that employees owe an implied contractual duty of care to employers and rejected implied terms protecting drivers from personal liability through...
Boys at a residential school were sexually abused by the warden employed to care for them. The House of Lords held that the school owners were vicariously liable for the warden's torts, as his wrongdoing was closely connected with his employment duties of caring for the children, overruling the restrictive...
Mrs Levi suffered alarm and distress from harassment targeted at her husband by Mr Bates, who published their home address and telephone number encouraging football supporters to confront them. The Court of Appeal held that victims of foreseeable collateral damage from harassment targeted at another can claim under the Protection...
Mrs Letang was sunbathing in a car park when Mr Cooper accidentally drove his car over her legs, causing injury. She sued more than three years later, claiming trespass to the person to avoid the three-year limitation period for negligence. The Court of Appeal held that unintentional injury claims are...
Soil and debris fell from the National Trust's hillside onto neighbouring properties due to natural geological instability. The Court of Appeal held that landowners owe a duty of reasonable care to prevent naturally occurring hazards on their land from damaging neighbours' property, following Goldman v Hargrave. Facts The National Trust...
A mother sued Pembrokeshire County Council in negligence after her children's names were wrongly placed on the Child Protection Register. The court struck out the negligence claim, following D v East Berkshire, holding that social workers investigating suspected child abuse owe no duty of care to parents suspected of abuse...
A 64-year-old man exchanged insults with his younger neighbour's wife. When the 23-year-old neighbour confronted him, the older man threw a punch, receiving a severe blow to the eye in return. The Court held provocation cannot reduce compensatory damages for physical injury, only exemplary damages. Facts Mr Lane, a 64-year-old...
Mr Lagden's parked car was damaged by Mrs O'Connor's negligent driving. Being impecunious, he could not afford spot rate car hire and used a credit hire company instead. The House of Lords held that impecunious claimants can recover the full cost of credit hire services, departing from The Liesbosch principle...
Mr Lachaux sued newspapers for defamatory articles about his conduct during divorce proceedings. The Supreme Court clarified that under section 1 of the Defamation Act 2013, a statement is not defamatory unless it has caused or is likely to cause serious harm to reputation, requiring proof of actual impact rather...
Iraqi Airways incorporated Kuwait Airways' aircraft into its fleet following Iraq's invasion of Kuwait. The House of Lords held that Iraq's decree transferring ownership was contrary to public policy as it violated established international law, and refused to recognise it. Kuwait Airways succeeded in claims regarding aircraft recovered from Iran....
A police officer forged the plaintiff's signature on a statement withdrawing a theft complaint. The plaintiff sued the Chief Constable for misfeasance in public office, seeking exemplary damages. The House of Lords held that exemplary damages were not limited to causes of action recognised before 1964, removing the cause of...
Police Constable Knightley was injured when ordered to ride his motorcycle the wrong way through a tunnel to close it after Mr Johns negligently overturned his car. The Court of Appeal held that the chain of causation was broken by the Inspector's negligence, making Mr Johns not liable but the...