Workers developed mesothelioma after being exposed to asbestos dust by multiple employers in breach of their duties. The House of Lords held that where science cannot determine which employer's breach caused the disease, proof that each materially increased the risk of contracting the disease is sufficient to establish causation. Facts...
A high tide breached a wall protecting the respondents' farmland, causing flooding. The appellant Catchment Board had statutory power but no duty to repair. They attempted repairs inefficiently, taking 164 days instead of 14. The House of Lords held that having only a power, not a duty, the Board was...
The Claimant attended A&E after a head injury and was told he would wait 4-5 hours. He left after 19 minutes without being seen by clinical staff and later suffered serious brain injury. The claim against the hospital for negligence by reception staff in providing inaccurate waiting time information was...
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...
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...
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...
A two-year-old boy suffered brain damage after cardiac arrest caused by respiratory failure. The doctor negligently failed to attend when called but argued intubation would not have been performed anyway. The House of Lords clarified that expert medical opinion must be logically defensible to satisfy the Bolam test. Facts Patrick...
Workers contracted mesothelioma after being exposed to asbestos by multiple employers. The House of Lords held that defendants liable under the Fairchild exception should bear only several liability proportionate to their contribution to the risk, not joint and several liability for the whole damage. Facts These three conjoined appeals concerned...
The plaintiff was injured in a car accident caused by the defendant's negligence, damaging his left leg. Before trial, robbers shot his leg, necessitating amputation. The House of Lords held that the defendant remained liable for the original injury's consequences, as the subsequent injury did not diminish or obliterate the...
The claimant suffered brain damage after aspirating vomit while hospitalised. The negligent failure to properly resuscitate her after a procedure contributed to her weakened state alongside non-negligent pancreatitis. The Court of Appeal held that where cumulative causes contribute to injury, a claimant need only prove the negligent cause made a...
Allied Maples acquired businesses from the Gillow Group but received negligent advice from their solicitors regarding protection against contingent liabilities from assigned leases. The Court of Appeal established that where loss depends on a third party's hypothetical actions, a claimant need only prove a substantial chance of success, with evaluation...
Veterans of British nuclear tests claimed injuries from radiation exposure. The Supreme Court considered whether their claims were time-barred under the Limitation Act 1980, specifically examining when 'knowledge' of attributability arose for limitation purposes. The majority held that subjective belief could constitute knowledge, dismissing the appeals. Facts Between 1952 and...
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...
A heat exchanger exploded at Beoco's factory due to the plaintiff's own negligence in failing to properly test repairs before resuming operations. Though the first defendant breached warranty in supplying defective equipment, the plaintiff could not recover hypothetical lost profits for repairs never carried out due to the supervening explosion...
Facts Barclays Bank Plc (the Bank) employed Fairclough Building Ltd (Fairclough) under a contract to clean and repair the asbestos roofs of two housing estates. Fairclough sub-contracted the work to another specialist firm. The work was performed defectively, leading to significant asbestos contamination of the properties. The Bank was forced...
Facts The appellants, Waterlow & Sons Ltd, were a firm of printers who held a contract with the respondent, the Bank of Portugal, for the exclusive printing of 500-escudo banknotes. A criminal mastermind, Marang, pretending to be an authorised agent of the Bank, deceived Waterlow into printing 580,000 additional banknotes...