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 damage.
Performance Cars’ Rolls-Royce was damaged in two minor collisions before repairs were done. The first already required an expensive respray. The Court of Appeal held the second driver was not liable for that cost because his negligence caused no additional need to respray.
A’s car was left stationary and unlit on the M1 hard shoulder for about 15 minutes after a night out. A lorry driven by L veered across all lanes and hit the car, killing one passenger. The Court of Appeal held the trial judge misapplied causation principles and ordered a retrial on causing death by dangerous driving.
An 18-year-old Jehovah’s Witness refused a life-saving blood transfusion after being stabbed by the appellant and died. The Court of Appeal held that her refusal did not break the chain of causation; the stab wound remained an operative cause of death, so the manslaughter conviction stood.
Church violently assaulted Mrs Nott in his van, rendering her unconscious, then threw her into a river believing, he claimed, that she was dead. She drowned. The Court of Appeal upheld his manslaughter conviction and clarified the test for unlawful act manslaughter.
Mr Hughes, uninsured and without a full licence but driving faultlessly, was involved in a fatal collision entirely caused by another driver’s dangerous, drug‑impaired driving. The Supreme Court held that section 3ZB requires some culpable element in the defendant’s driving which contributes to the death.
Pagett used his pregnant girlfriend as a human shield while firing at armed police. Officers lawfully returned fire and killed her. The Court of Appeal held he had legally caused her death and upheld his manslaughter conviction, clarifying causation where third parties act in self-defence or legal duty.
Roberts drove a young woman in his car and, after unwanted sexual advances, she jumped from the moving vehicle, suffering injuries. Convicted of assault occasioning actual bodily harm, he appealed. The Court of Appeal held the trial judge’s causation direction correct and dismissed the appeal.
Taylor took a truck without consent and was involved in a fatal collision, though his driving was faultless. Charged with aggravated vehicle taking, the issue was whether injury need involve driving fault. The Supreme Court held that fault in the driving causing the injury is required.
Martin Lynch, a known suicide risk, hanged himself in a police cell using an open hatch and spy hole. The House of Lords held the police owed and breached a duty to take reasonable care to prevent his suicide, but reduced damages by 50% for his contributory responsibility.
The Supreme Court heard conjoined mesothelioma appeals. It held that the Fairchild exception applies even where a single known occupational exposure is set against environmental exposure, rejecting the “doubles the risk” test. Any non‑de minimis increase in risk suffices, and epidemiological statistics alone cannot displace this special causation rule.
Smith was induced by fraudulent misrepresentations to purchase Ferranti shares at an inflated price. The shares later collapsed in value due to an unrelated pre-existing fraud. The House of Lords held that in deceit, the plaintiff may recover all losses directly flowing from the fraudulent transaction, not limited to the transaction date valuation.
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 to the disease.
Waterlow negligently printed unauthorised Portuguese banknotes after being deceived by a fraudster. The House of Lords held that the Bank of Portugal reasonably withdrew the entire issue and could recover the face-value loss caused by the breach, applying a pragmatic approach to mitigation.
Mrs Webb, a polio survivor, injured her knee tripping at work. Her consultant negligently advised amputation without proper investigation or discussing alternatives. The Court of Appeal held that had she been properly advised, she would not have consented to amputation, and apportioned liability between her employer and the NHS Trust.
A very premature baby suffered severe visual impairment from retrolental fibroplasia and sued the health authority, alleging negligent oxygen management. The House of Lords held that McGhee did not alter the ordinary burden of proving causation, set aside earlier judgments, and ordered a retrial on causation.
A Guernsey gas employer exposed an employee to asbestos over 27 years but was insured with Zurich for only six. The Supreme Court held that, under Barker, the employer’s and insurer’s liability for damages was proportionate to insured exposure, but defence costs were fully recoverable.
September 13, 2026
National Case Law Archive
September 3, 2026
National Case Law Archive
September 3, 2026
National Case Law Archive