Case summaries

Lady justice with law books

McLoughlin v O’Brian [1982] UKHL 3

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...

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McGhee v National Coal Board [1972] UKHL 11

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...

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McFarlane v Tayside Health Board [1999] UKHL 50

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...

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Malone v Laskey (1907) 2 KB 141 (25 March 1907)

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...

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Lumley v Gye [1853] EWHC QB J73 (1 January 1853)

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...

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LMS International Ltd v Styrene Packaging and Insulation Ltd [2005] EWHC 2065 (TCC)

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...

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Lister v Hesley Hall Ltd [2001] UKHL 22

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...

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Levi v Bates [2015] EWCA Civ 206

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...

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Letang v Cooper [1964] EWCA Civ 5

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...

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Leakey v National Trust [1979] EWCA Civ 5

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...

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Lane v Holloway [1967] EWCA Civ 1

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...

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Lagden v O’Connor [2003] UKHL 64

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...

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Lachaux v Independent Print Ltd [2019] UKSC 27

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...

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Kuddus v CC of Leicestershire [2001] UKHL 29

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...

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Knightley v Johns [1981] EWCA Civ 6

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...