A young woman sought an injunction against a former friend who persistently harassed her through telephone calls, threats, and pestering conduct. The Court of Appeal upheld the injunction, extending private nuisance principles to protect occupiers without proprietary interests and recognising that harassment causing risk of health impairment is actionable. Facts...
A GP negligently failed to refer a patient for genetic testing for haemophilia carrier status and gave incorrect advice. The patient later gave birth to a child with both haemophilia and autism. The Court of Appeal held the GP liable only for losses related to haemophilia, not autism, as autism...
An 11-year-old boy climbed the outside of a fire escape at hospital premises, fell and suffered serious injuries. The Court of Appeal held the NHS Trust not liable under the Occupiers' Liability Act 1984, finding the danger arose from the boy's own activity rather than from the state of the...
An asthmatic woman suffered respiratory arrest after the London Ambulance Service took 34 minutes to respond to an emergency call, when it should have arrived within 20 minutes. The Court of Appeal held that the ambulance service owed a duty of care to the claimant once the call was accepted,...
A dispute arose between musical performers and a booking agency over breach of contract. The agency posted defamatory comments on their website about the performers' professionalism. The Supreme Court considered the defence of fair comment in defamation law, clarifying that a comment need only identify its subject matter in general...
A claimant in a personal injury case sued his expert witness psychologist for negligently signing a joint statement that damaged his case and led to a reduced settlement. The Supreme Court abolished the immunity from negligence claims that expert witnesses had previously enjoyed when providing evidence for their instructing clients....
A 14-year-old boy was seriously injured when an abandoned boat, left on council land for years, collapsed on him while he attempted to repair it. The House of Lords held the council liable, finding it reasonably foreseeable that children would meddle with the abandoned boat and risk physical injury. Facts...
Workers negligently exposed to asbestos developed pleural plaques, which are asymptomatic fibrous changes in the lung lining. The House of Lords held that symptomless plaques alone, or combined with risk of future disease and anxiety, do not constitute actionable damage in negligence. Psychiatric illness from fear of future disease was...
Mr Jobling injured his back at work due to his employer's negligence, reducing his earning capacity by 50%. Before trial, he developed unrelated myelopathy rendering him totally unfit for work. The House of Lords held that this supervening illness must be taken into account when assessing damages for loss of...
Parents wrongly suspected of child abuse sought damages for psychiatric injury caused by doctors' negligent misdiagnosis. The House of Lords held that healthcare professionals investigating child abuse owe no duty of care to parents, only to the child, due to the potential conflict of interest between protecting children and parents'...
Police officers sued the Commissioner alleging breach of duty in defending civil proceedings brought against her based on their alleged misconduct. The Supreme Court held that no duty of care was owed to officers to conduct litigation so as to protect their economic or reputational interests, as imposing such a...
The Wall Street Journal published an article stating that Saudi authorities were monitoring bank accounts of prominent Saudi businesses, including the Jameel group, at the request of US law enforcement to prevent terrorist funding. The claimants sued for libel. The House of Lords allowed the appeal, holding that the publication...
A 13-year-old girl was struck by a car after stepping out from behind a school minibus. The driver was travelling too fast and failed to keep proper lookout. The Supreme Court reduced the girl's contributory negligence from 70% to 50%, holding both parties equally responsible for the accident. Facts On...
A solicitor-advocate brought a harassment claim under the Protection from Harassment Act 1997 against his former employer solicitors' firm, based on three letters containing allegations against his professional and personal integrity. The Court of Appeal reinstated the claim after it had been struck out, holding that the letters were arguably...
Two brothers, both qualified shotfirers, deliberately tested explosives without taking proper shelter in breach of statutory regulations and employer's orders. When an explosion injured them, one sued the employer for the other's negligence. The House of Lords held that volenti non fit injuria provided a complete defence where the employer...
Christopher Hutcheson sought to prevent NGN from publishing information about his 'second family' – a long-term relationship producing two children outside his marriage. The Court of Appeal dismissed his appeal, finding the public interest in freedom of expression outweighed his privacy claim, particularly given his public dispute with Gordon Ramsay....
Residents near Canary Wharf sued for nuisance due to television interference from the tower and dust from road construction. The House of Lords held that interference with television signals by a building is not actionable nuisance, and only persons with proprietary interests in land can sue in private nuisance. Facts...
A woman severely injured in a motorcycle accident driven by her partner (later husband) claimed damages including the value of care he provided. The House of Lords held that a plaintiff cannot recover damages for gratuitous care services rendered by the tortfeasor himself, as such damages must be held on...
A 13-year-old boy fell and fractured his hip. The hospital negligently failed to diagnose the injury for five days. He developed avascular necrosis causing permanent disability. The House of Lords held that since there was a 75% probability the damage was inevitable from the fall itself, causation was not established...
A hotel collapsed due to a massive landslip caused by natural cliff instability. The hotel owners sued the local council who owned the land between the hotel and the sea. The Court of Appeal held that while a measured duty of care existed regarding land support, liability was limited to...
The mother of Jacqueline Hill, murdered by Peter Sutcliffe (the 'Yorkshire Ripper'), sued West Yorkshire Police for negligence in failing to apprehend him sooner. The House of Lords held that police owe no duty of care to individual members of the public in investigating crime, and public policy considerations supported...
Parents of two girls killed in the Hillsborough disaster claimed damages under the Law Reform (Miscellaneous Provisions) Act 1934 for injuries suffered before death. The House of Lords upheld findings that no compensable injury occurred before the swift fatal crushing, and that fear alone cannot ground a damages claim. Facts...
Mr Willoughby conducted an obsessive campaign against Mr Hayes, repeatedly reporting unfounded allegations of fraud to public authorities. The Supreme Court held that the defence of 'preventing or detecting crime' under the Protection from Harassment Act 1997 requires rationality, not merely subjective belief. The appeal was dismissed. Facts Mr Hayes...
Four employees claimed damages for psychiatric illness caused by workplace stress. The Court of Appeal established practical principles for employer liability in occupational stress cases, allowing three appeals and dismissing one. The court held that foreseeability of psychiatric harm to the specific employee is the threshold question. Facts Four appeals...
A bungee jumping operator sued an HSE inspector for negligent advice given to local councils, which led to improvement and prohibition notices being served against his business. The Court of Appeal held that no duty of care was owed by inspectors to business owners for economic loss caused by enforcement...