Duty of Care CASES

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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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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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McLoughlin v O’Brian [1982] UKHL 3

Mrs McLoughlin suffered severe psychiatric illness after arriving at hospital to find her family seriously injured and her daughter dead following a road accident caused by the defendants' negligence. The House of Lords held she could recover damages for nervous shock despite not witnessing the accident itself, establishing that liability...

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Malone v Laskey (1907) 2 KB 141 (25 March 1907)

Mrs Malone, a licensee occupying premises through her husband's employment, was injured when a cistern bracket fell. The Court of Appeal held she could not sue the property owners for nuisance (having no proprietary interest) or negligence (no contractual duty owed to her). This case established that only those with...

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Lister v Hesley Hall Ltd [2001] UKHL 22

Boys at a residential school were sexually abused by the warden employed to care for them. The House of Lords held that the school owners were vicariously liable for the warden's torts, as his wrongdoing was closely connected with his employment duties of caring for the children, overruling the restrictive...

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Leakey v National Trust [1979] EWCA Civ 5

Soil and debris fell from the National Trust's hillside onto neighbouring properties due to natural geological instability. The Court of Appeal held that landowners owe a duty of reasonable care to prevent naturally occurring hazards on their land from damaging neighbours' property, following Goldman v Hargrave. Facts The National Trust...

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Kent v Griffiths [2000] EWCA Civ 3017

An asthmatic woman suffered respiratory arrest after the London Ambulance Service took 34 minutes to respond to an emergency call, when it should have arrived within 20 minutes. The Court of Appeal held that the ambulance service owed a duty of care to the claimant once the call was accepted,...

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Jones v Kaney [2011] UKSC 13 (29 March 2011)

A claimant in a personal injury case sued his expert witness psychologist for negligently signing a joint statement that damaged his case and led to a reduced settlement. The Supreme Court abolished the immunity from negligence claims that expert witnesses had previously enjoyed when providing evidence for their instructing clients....

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James-Bowen v Commr of Police [2018] UKSC 40

Police officers sued the Commissioner alleging breach of duty in defending civil proceedings brought against her based on their alleged misconduct. The Supreme Court held that no duty of care was owed to officers to conduct litigation so as to protect their economic or reputational interests, as imposing such a...

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Sutherland v Hatton [2002] EWCA Civ 76 (05 February 2002)

Four employees claimed damages for psychiatric illness caused by workplace stress. The Court of Appeal established practical principles for employer liability in occupational stress cases, allowing three appeals and dismissing one. The court held that foreseeability of psychiatric harm to the specific employee is the threshold question. Facts Four appeals...