Case summaries

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Crawford Adjusters v Sagicor General Insurance (Cayman) Ltd [2013] UKPC 17 (13 June 2013)

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....

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Cranford Community College v Cranford College Ltd [2014] EWHC 2999 (IPEC) (19 September 2014)

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)...

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Coventry v Lawrence (No 2) [2014] UKSC 46 (23 July 2014)

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...

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Chester v Afshar [2004] UKHL 41 (14 October 2004)

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...

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The Catholic Child Welfare Society v Various Claimants & The Institute of the Brothers of the Christian Schools [2012] UKSC 56 (21 November 2012)

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...

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Campbell v MGN Ltd [2004] UKHL 22 (6 May 2004)

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...

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Breslin v Mckevitt [2011] NICA 33 (07 July 2011)

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...

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In re L [1998] UKHL 24

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...