In English law, a duty of care refers to a legal obligation requiring individuals or organisations to act with reasonable care to avoid causing harm to others.
A duty of care arises when harm is reasonably foreseeable, there’s sufficient proximity between parties, and it’s fair, just, and reasonable to impose such a duty. This concept is fundamental to negligence claims in tort law.
The three-stage test from Caparo Industries v Dickman (1990) commonly assesses duty of care:
The “neighbour principle,” established in Donoghue v Stevenson (1932), significantly shaped the modern understanding of duty of care, asserting one must reasonably foresee harm to their “neighbours”—those closely affected by their actions.
If a duty of care is established and breached, causing harm or loss, the affected party can claim compensation through negligence litigation.
The duty of care principle underpins accountability and encourages responsible behaviour in various contexts, from professional services to personal interactions.
You may find our more detailed guide on duty of care useful.
February 22, 2026
A geotechnical company was convicted of corporate manslaughter after an employee died when an unsupported 3.5 metre trial pit collapsed on him. This was the first conviction under the Corporate Manslaughter and Corporate Homicide Act 2007, establishing that small companies with a sole controlling director can be liable for gross...
February 22, 2026
Nigerian communities sued Royal Dutch Shell (RDS) and its subsidiary SPDC for oil spill pollution. The Supreme Court held that the claimants had an arguable case that RDS owed them a duty of care due to its control over SPDC's operations, allowing the case to proceed to trial on jurisdiction...
February 18, 2026
Mr Chandler contracted asbestosis from exposure to asbestos dust while employed by Cape Products Ltd, a subsidiary of Cape plc. The subsidiary was dissolved and uninsured. The Court of Appeal upheld the finding that Cape plc owed a direct duty of care to its subsidiary's employees based on assumption of...
December 26, 2025
The plaintiff, on board the support vessel Tharos during the Piper Alpha oil rig disaster, claimed psychiatric injury from witnessing the catastrophe. The Court of Appeal held he was not owed a duty of care as he was neither in actual danger, a rescuer, nor had sufficient proximity as a...
December 12, 2025
A child with a shunt suffered brain damage when a blocked shunt was not diagnosed by telephone. The GP failed to ask specific questions that would have revealed symptoms indicating shunt blockage. The Court of Appeal allowed the appeal and ordered a retrial, finding the trial judge had improperly applied...
December 10, 2025
Gemma Evans procured heroin for her half-sister Carly, who self-injected, showed clear overdose symptoms and later died. Evans and their mother failed to seek medical help. The Court of Appeal held Evans owed a duty of care and upheld her manslaughter conviction for gross negligence. Facts Gemma Evans and her...
October 5, 2025
Overseas Tankship’s ship Wagon Mound leaked furnace oil in Sydney harbour. Welding sparks ignited it, destroying nearby repair ships. The Privy Council held that even a very small but serious risk must be guarded against if reasonably foreseeable, shaping negligence breach analysis. Facts Overseas Tankship (UK) Ltd chartered a freighter,...
October 5, 2025
A mother issued a wrongful birth claim after her son was born with spina bifida. Following her suicide and subsequent negligent delay by her solicitors, her estate and the child’s father sued the solicitors and barrister. The Court of Appeal granted limited permission to appeal only on the father’s personal...
October 5, 2025
Mr Barratt instructed his solicitors to revise his will to benefit his reconciled daughters, but they negligently delayed and he died before execution. The daughters received nothing under the old will. The House of Lords held, by majority, that the solicitors owed them a tortious duty of care. Facts Mr...
October 5, 2025
Approved foster parents told the local authority they would not accept a child known or suspected to be a sexual abuser. The authority nevertheless placed such a boy, who abused their children. The House of Lords held the parents’ psychiatric injury claim was arguable and should not be struck out....
October 5, 2025
Richard Vowles, a rugby hooker, was paralysed when a scrum collapsed after the referee permitted an inexperienced player to join the front row without proper enquiry. The Court of Appeal upheld that amateur referees owe players a duty of care to enforce safety rules, and the referee's breach caused the...
October 5, 2025
The House of Lords held that police had not breached Article 2 by failing to protect a threatened witness, Giles Van Colle, because the stringent Osman "real and immediate" risk test was not met, and that, generally, police owe no common law duty of care to protect individuals from criminal...
October 4, 2025
A Bangladeshi villager alleged the British Geological Survey, part of NERC, negligently failed to test for arsenic and implied local tubewell water was safe, leading to his arsenic poisoning. The House of Lords held NERC owed no duty of care to Bangladesh’s population and upheld summary judgment. Facts The Natural...
October 4, 2025
Mr Stovin was severely injured when Mrs Wise’s car emerged from a dangerous junction with poor visibility. Norfolk County Council knew of the hazard and had statutory powers to remove it but failed to act. The House of Lords held the council owed no common law duty to exercise that...
October 3, 2025
Roadworks contractors negligently damaged an electricity cable supplying Spartan Steel’s factory, causing physical damage to a melt in an arc furnace and loss of production profits during a 14½ hour outage. The Court of Appeal limited recovery to physical damage and directly consequential profit, excluding pure economic loss. Facts Spartan...
October 3, 2025
Littlewoods purchased a cinema intending demolition. Before demolition, vandals broke in and deliberately started a fire which spread to neighbouring properties. The House of Lords held Littlewoods not liable as fire-raising by vandals was not reasonably foreseeable in the circumstances, and there is no general duty to prevent third parties...
October 3, 2025
A senior social worker was seriously injured when a mentally ill father, known to NHS mental health teams, attacked her after making specific threats. The Court of Appeal held it was arguable that collaborating NHS trusts owed her a common law and Article 2 duty, and reinstated her claims. Facts...
October 3, 2025
Rylands employed contractors to build a reservoir which burst and flooded Fletcher's neighbouring mine. Despite Rylands having no knowledge of old mine shafts that caused the flooding, he was held strictly liable. This landmark case established that one who brings something dangerous onto their land is liable if it escapes...
October 3, 2025
Mrs Robinson, a frail 76‑year‑old pedestrian, was injured when plain‑clothes officers attempted to arrest a drug suspect in a busy street and all fell on her. The Supreme Court held the police owed her a duty of care, rejecting any general immunity and clarifying that Caparo is not a universal...
October 2, 2025
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...
October 2, 2025
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...
October 2, 2025
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...
October 2, 2025
Mr and Mrs Patchett chose a swimming pool contractor from SPATA’s website, relying on statements that members were vetted and covered by a bond and warranty scheme. The contractor was only an affiliate member and became insolvent. The Court of Appeal held SPATA owed no duty of care for these...
October 2, 2025
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...
October 2, 2025
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...
May 21, 2026
National Case Law Archive
May 21, 2026
National Case Law Archive
May 21, 2026
National Case Law Archive