Case summaries

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QBE Management Services (UK) Ltd v Dymoke [2012] EWHC 80 (QB)

Senior employees of QBE’s British Marine unit covertly planned a rival P&I business with PRO, soliciting colleagues, misusing confidential information and courting brokers while still employed. The High Court found extensive breaches of fidelity, fiduciary and confidentiality duties, granted springboard injunctions and awarded substantial damages, although most non‑compete covenants were...

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Poole BC v GN [2019] UKSC 25

Two vulnerable children suffered years of harassment from neighbours after being housed next to a persistently anti-social family. They sued the local authority for failing to protect them under its Children Act functions. The Supreme Court held no common law duty of care arose on the pleaded facts. Facts The...

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Pitts v Hunt [1990] EWCA Civ 17

An 18-year-old pillion passenger, jointly engaged with a drunk, unlicensed rider in a reckless and illegal motorcycling escapade, was seriously injured in a collision. The Court of Appeal held that public policy barred his negligence claim against the rider’s estate, despite statutory abolition of volenti. Facts The appellant, Andrew James...

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Phelps v Hillingdon LBC [2000] UKHL 47

Several linked appeals considered whether local education authorities and their staff could be liable in negligence for failures in identifying and addressing children’s special educational needs. The House of Lords recognised duties of care, allowed most appeals, and treated educational under-provision as actionable damage, including economic loss. Facts Phelps Pamela...

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Paris v Stepney BC [1950] UKHL 3

Mr Paris, effectively blind in one eye, was employed as a garage hand and suffered total blindness when a metal fragment entered his good eye while hammering a bolt. The House of Lords held that his known vulnerability increased his employer’s duty of care, requiring eye protection. Facts The appellant,...

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Palmer v Tees HA [1999] EWCA Civ 1533

A psychiatric patient, Armstrong, murdered four‑year‑old Rosie Palmer. Her mother sued health authorities, alleging negligent diagnosis, treatment and failure to detain him, and claiming for her own psychiatric injury. The Court of Appeal held there was no duty of care to unidentifiable victims and her secondary victim claim failed. Appeal...

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Page v Smith [1995] UKHL 7

Mr Page, with a pre-existing chronic fatigue condition, was involved in a car collision caused by Mr Smith but suffered no physical injury. He later developed permanent relapse of his condition. The House of Lords held that as a primary victim he only needed to show foreseeable personal injury, not...

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Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co Ltd (The Wagon Mound No 1) [1961] UKPC 2

Oil negligently discharged from the appellants' ship spread across Sydney Harbour and ignited, destroying the respondents' wharf. The Privy Council held that liability in negligence depends on whether the damage was reasonably foreseeable, overruling the 'direct consequences' test in Re Polemis. This established foreseeability as the test for remoteness of...

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OBG Ltd v Allan; Douglas v Hello! Ltd [2007] UKHL 21

Three appeals concerning economic torts. OBG involved receivers invalidly appointed who took control of company assets. Douglas v Hello! concerned publication of surreptitiously taken celebrity wedding photographs. Mainstream involved directors diverting a development opportunity. The House clarified the distinct torts of inducing breach of contract and causing loss by unlawful...

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Network Rail Infrastructure Ltd v Morris (t/a Soundstar Studio) [2004] EWCA Civ 172

Mr Morris's recording studio suffered electromagnetic interference from Railtrack's TI 21 signalling system, affecting electric guitars with amplifiers. The Court of Appeal allowed Railtrack's appeal, holding that the interference at 80 metres distance was not reasonably foreseeable, defeating the nuisance claim. Facts Mr Morris operated a recording studio at 339...

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Nettleship v Weston [1971] EWCA Civ 6

A driving instructor was injured when a learner driver lost control and crashed into a lamp post. The Court of Appeal held that learner drivers owe the same standard of care as experienced drivers, even to their instructors. The instructor's damages were reduced by half for contributory negligence. Facts Mrs...

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Murphy v Brentwood DC [1991] UKHL 2

Mr Murphy purchased a house built on a defective concrete raft foundation which had been approved by the council's independent consulting engineers. When cracks appeared and the house became dangerous, he sold it at a loss. The House of Lords departed from Anns v Merton, holding that local authorities owe...

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Morris v Murray [1990] EWCA Civ 10

The plaintiff went on a flight with a pilot who had consumed the equivalent of 17 whiskies after spending the afternoon drinking together. The aircraft crashed, killing the pilot and severely injuring the plaintiff. The Court of Appeal held that the defence of volenti non fit injuria applied, as the...

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Monsato plc v Tilly [1999] EWCA Civ 3044

Monsanto sought injunctions against protesters who uprooted genetically modified crops as part of their GenetiX Snowball campaign. The defendants argued their actions were justified by necessity and public interest concerns about GM crop dangers. The Court of Appeal allowed Monsanto's appeal, holding that no defence of necessity or public interest...

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Mitchell v Glasgow CC [2008] CSIH 19

James Mitchell, aged 72, was fatally assaulted by his neighbour James Drummond following years of threats and anti-social behaviour. Mitchell's widow and daughter sued Glasgow City Council, their landlord, alleging the Council owed a duty of care to warn Mitchell about a meeting with Drummond concerning potential eviction. The court...

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Mirvahedy v Henley [2003] UKHL 16

Mr Mirvahedy was seriously injured when his car collided with a horse that had escaped from the Henleys' field after being frightened and stampeding through fences. Despite no negligence by the horse owners, the House of Lords held they were strictly liable under section 2(2) of the Animals Act 1971...