Hunt saboteur Cross attacked farmer Kirkby with a baseball bat while trespassing. Kirkby wrestled the bat away and struck Cross once, causing serious head injury. The Court of Appeal held Kirkby acted in lawful self-defence and alternatively that Cross's claim was barred by ex turpi causa as his injuries arose...
Loss adjusters sued an insurance company for malicious prosecution after fraud allegations were dropped just before trial. The Privy Council held 3-2 that the tort of malicious prosecution extends to civil proceedings, overturning previous limitations. This landmark decision restored historic common law principles allowing recovery for maliciously prosecuted civil claims....
A barrister sued his former wife, a solicitor, for false imprisonment and harassment after she complained to police that he breached court orders, leading to his arrest. The Court of Appeal held that witness immunity protected her police statements from suit, and that two text messages she sent could not...
A state secondary school brought a passing off action against a nearby private educational establishment using the similar name 'Cranford College'. The court dismissed the claim, finding that the descriptive name had not acquired sufficient secondary meaning to establish goodwill, and no actionable misrepresentation had occurred. Facts The Claimant (CCC)...
Mrs Cox, a prison catering manager, was injured when a prisoner negligently dropped a sack of rice on her back whilst working in the kitchen. The Supreme Court held the Ministry of Justice vicariously liable for the prisoner's negligence, extending vicarious liability principles to relationships beyond traditional employment where individuals...
Following a successful nuisance claim regarding noise from a motorsport stadium and track, consequential issues arose concerning suspension of the injunction, landlord liability for tenant's nuisance, and whether costs orders including success fees and ATE premiums infringed Convention rights. The Court addressed landlord participation in nuisance and flagged serious concerns...
Mr Corr suffered severe physical and psychological injuries in a workplace accident caused by his employer's negligence. He developed severe depression and committed suicide six years later. The House of Lords held that his suicide was a foreseeable consequence of his depression and the employer remained liable under the Fatal...
Cornwall Gardens, a property developer, claimed malicious falsehood and wrongful interference with rights against Garrard & Co and Christie & Co for letters asserting a right of way over their hotel car park to obstruct planning consent. The Court of Appeal held both claims were time-barred under the one-year limitation...
Children born with upper limb deformities alleged their mothers were exposed to toxic materials during Corby Borough Council's land reclamation programme. The Council sought to strike out the public nuisance claim, arguing damages for personal injury cannot be recovered in public nuisance. The Court of Appeal held this was an...
A mentally disordered patient sued the health authority for negligence in failing to provide adequate aftercare following his discharge from hospital, claiming this led to him committing manslaughter. The Court of Appeal held his claim was barred by public policy (ex turpi causa) as it was based on his own...
Teenage vandals discharged a dry powder fire extinguisher throughout a medieval church, causing £240,000 in cleaning costs. The church sued the extinguisher supplier for failing to warn about the mess such discharge could cause. The Court of Appeal allowed the appeal, finding the supplier not liable. Facts In September 2006,...
Miss Chester underwent spinal surgery without being warned of a 1-2% risk of nerve damage. The risk materialised, causing partial paralysis. Although she could not prove she would never have had surgery, the House of Lords held the surgeon liable, modifying conventional causation principles to protect patient autonomy and the...
Actors from 'Neighbours' sued over newspaper publication featuring their faces superimposed on pornographic images. Despite defamatory headlines and photographs, the accompanying text explained the deception. The House of Lords held that a publication must be read as a whole, and the ordinary reader standard applies uniformly. Facts The appellants, Anne...
Claims were brought against the Institute of the Brothers of the Christian Schools for sexual and physical abuse of children at St William's school committed by brother teachers. The Supreme Court held the Institute vicariously liable alongside the school managers, establishing that relationships 'akin to employment' can give rise to...
A child under four years old escaped from a nursery school onto a busy street, causing a lorry driver to swerve and fatally crash while avoiding the child. The House of Lords held the local education authority liable for negligently failing to prevent the child's escape, establishing a duty of...
Fire brigades attended fires at various premises. In the Hampshire case, a fire officer negligently turned off sprinklers, causing greater fire damage. The Court of Appeal held fire brigades owe no general duty of care when attending fires, but are liable if their positive acts create or increase danger. Facts...
Supermodel Naomi Campbell sued the Daily Mirror for publishing details of her drug addiction treatment at Narcotics Anonymous, including covert photographs. The House of Lords held (3-2) that while the newspaper could reveal she was a drug addict (correcting her public lies), publishing therapy details and photographs breached her privacy...
A tannery's solvent spillages seeped through the ground and contaminated a water company's borehole 1.3 miles away. The House of Lords held that foreseeability of damage is a prerequisite for liability under the rule in Rylands v Fletcher, and since the damage was not foreseeable at the time of spillage,...
Duwayne Brooks, present during Stephen Lawrence's racist murder, claimed police owed him duties of care as victim and witness. The House of Lords held that police investigating crime owe no common law duty of care to victims or witnesses that would impede their crime-fighting functions, affirming the Hill principle. Facts...
Dr Singh wrote that the British Chiropractic Association promoted 'bogus treatments' for children without evidence. The trial judge ruled this was a factual assertion requiring proof. The Court of Appeal held the statement was opinion, not fact, protecting it as fair comment and free expression. Facts Dr Simon Singh, a...
Civil action by families of victims of the 1998 Omagh bombing against alleged perpetrators. The Court of Appeal upheld findings of liability in trespass to the person against McKevitt and Campbell, ordered retrials for Murphy and Daly due to evidential errors, and rejected claims for exemplary damages whilst confirming aggravated...
Mr L, a profoundly mentally retarded autistic man, was informally admitted to a psychiatric hospital after a self-harming incident. The House of Lords held that his informal admission under section 131(1) of the Mental Health Act 1983 was lawful, and that treatment of compliant incapacitated patients could be justified under...
A pregnant fishwife suffered nervous shock after hearing a motorcycle collision approximately 50 feet away, though she was never in physical danger and saw nothing of the accident itself. The House of Lords held the motorcyclist owed her no duty of care as she was outside the foreseeable area of...
A steel dresser contracted pneumoconiosis from inhaling silica dust in his employer's foundry. Though most dust came from pneumatic hammers (no breach), some came from swing grinders with defective dust extraction (breach of regulations). The House of Lords held the employer liable as the dust from the grinders materially contributed...
Miss Stone was struck by a cricket ball hit out of the Cheetham Cricket Club ground onto a public road. The House of Lords held the club not liable for negligence, as the risk of such an accident was so small that a reasonable person would not have taken precautions...