September 22, 2025
Seven Borstal trainees escaped from Brownsea Island while officers slept, damaging the respondent's yacht during their escape. The House of Lords held that Borstal officers owed a duty of care to nearby property owners to prevent foreseeable damage by trainees, establishing liability where officers acted outside their instructions. Facts On...
September 22, 2025
Mr Donoghue, a professional diver, dived into Folkestone Harbour at midnight in mid-winter, struck submerged grid piles, and broke his neck. The Court of Appeal held that the harbour owners owed no duty under the Occupiers' Liability Act 1984 as they had no reason to believe anyone would swim there...
September 22, 2025
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...
September 22, 2025
Lessees of a flat discovered defective plaster caused by negligent sub-contractors employed by the main building contractor. The House of Lords held that the cost of repairing defective work which had not caused personal injury or damage to other property was pure economic loss and not recoverable in tort against...
September 22, 2025
Customs & Excise obtained freezing injunctions against two companies with accounts at Barclays Bank. After the bank was notified of the orders, it negligently permitted substantial fund transfers from both accounts. The court held that the bank owed no duty of care to the claimants merely by receiving notice of...
September 16, 2025
A mentally disordered patient sued the health authority for negligence in failing to provide adequate aftercare following his discharge from hospital, claiming this led to him committing manslaughter. The Court of Appeal held his claim was barred by public policy (ex turpi causa) as it was based on his own...
September 16, 2025
Claims were brought against the Institute of the Brothers of the Christian Schools for sexual and physical abuse of children at St William's school committed by brother teachers. The Supreme Court held the Institute vicariously liable alongside the school managers, establishing that relationships 'akin to employment' can give rise to...
September 16, 2025
A child under four years old escaped from a nursery school onto a busy street, causing a lorry driver to swerve and fatally crash while avoiding the child. The House of Lords held the local education authority liable for negligently failing to prevent the child's escape, establishing a duty of...
September 16, 2025
Fire brigades attended fires at various premises. In the Hampshire case, a fire officer negligently turned off sprinklers, causing greater fire damage. The Court of Appeal held fire brigades owe no general duty of care when attending fires, but are liable if their positive acts create or increase danger. Facts...
September 16, 2025
Duwayne Brooks, present during Stephen Lawrence's racist murder, claimed police owed him duties of care as victim and witness. The House of Lords held that police investigating crime owe no common law duty of care to victims or witnesses that would impede their crime-fighting functions, affirming the Hill principle. Facts...
September 16, 2025
A pregnant fishwife suffered nervous shock after hearing a motorcycle collision approximately 50 feet away, though she was never in physical danger and saw nothing of the accident itself. The House of Lords held the motorcyclist owed her no duty of care as she was outside the foreseeable area of...
September 16, 2025
Water from defendants' fire-plug escaped during an exceptionally severe frost and flooded plaintiff's house. The court held the defendants not negligent as they had taken reasonable precautions against ordinary weather conditions and could not have foreseen the unprecedented frost. This case established the classic definition of negligence. Facts The defendants,...
September 16, 2025
A dental house officer suffered a migraine attack during a career advice meeting. She claimed the interviewer abandoned her on the stairs without calling help. The Court of Appeal allowed her appeal against summary judgment, holding that whether a duty of care existed required factual determination applying Caparo principles. Facts...
September 16, 2025
A child taken into care at 10 months alleged the local authority negligently failed in its duty of care during his upbringing, causing psychiatric illness. The House of Lords allowed the appeal against strike out, holding that claims against local authorities for negligent exercise of child care duties are not...
September 15, 2025
Two employees died in a gas-filled well after their employer negligently used a petrol-driven pump without adequate warnings. A doctor who attempted to rescue them also died. The Court of Appeal held the employer liable for all three deaths, establishing that rescuers injured while responding to dangers created by negligence...
September 14, 2025
Three clients sued their solicitors for negligence in civil litigation matters. The House of Lords was asked whether advocates' immunity from negligence claims should continue. The House unanimously abolished the immunity for civil proceedings, fundamentally changing the law to allow clients to sue negligent advocates. Facts Three separate appeals were...
September 14, 2025
Following the Hillsborough disaster where 95 people died in a stadium crush, relatives and friends of victims claimed damages for psychiatric illness caused by witnessing the events on television or at the ground. The House of Lords dismissed all appeals, establishing that recovery for nervous shock requires proximity in time,...
September 14, 2025
Anthony Bland was left in a persistent vegetative state after the Hillsborough disaster with no prospect of recovery. The NHS Trust sought declarations permitting discontinuation of artificial feeding. The House of Lords held that withdrawing life-sustaining treatment was lawful where it no longer benefited the patient, as there was no...
September 14, 2025
Council tenants' three children died in a house fire when the mother could not open locked windows with removable keys to escape. The claimants sued alleging negligence in window design. The Court of Appeal (majority) dismissed the appeal, holding that installing commonly-used lockable windows was not negligent, applying the Bolam...
September 14, 2025
The claimant's father was diagnosed with Huntington's Disease while she was pregnant. Despite knowing the diagnosis carried a 50% hereditary risk to her, clinicians respected the father's confidentiality wishes and did not inform her. She later discovered she had the disease and sued, arguing the defendants owed her a duty...
September 12, 2025
Parents claimed damages for psychiatric injury after discovering organs had been removed and retained from their deceased children during post-mortems without their knowledge or consent. The court held that while doctors owed a duty of care to explain organ retention possibilities, there is no tort of wrongful interference with a...
September 1, 2025
Mrs Smith purchased a house relying on a mortgage valuation report prepared for the building society, which negligently failed to identify serious structural defects. The surveyors sought to rely on a disclaimer of liability. The House of Lords held that surveyors owe a duty of care to purchasers who they...
August 29, 2025
Junior Books engaged Veitchi as nominated sub-contractors to lay flooring in their factory. The floor proved defective due to poor workmanship, requiring replacement. Despite no contractual relationship between the parties, the House of Lords held Veitchi liable in tort for pure economic loss, given the exceptional proximity between the parties....
August 28, 2025
Lloyd's Names sued their managing agents for losses suffered from negligent underwriting. The House of Lords held that managing agents owed a duty of care in tort to both direct and indirect Names, based on the Hedley Byrne principle of assumption of responsibility. Concurrent liability in contract and tort was...
August 28, 2025
Hedley Byrne, advertising agents, suffered financial loss after relying on negligent credit references given by Heller & Partners about a customer. The House of Lords established that a duty of care can arise for negligent misstatements where there is a 'special relationship' between parties, even without a contract, though the...
April 27, 2026
National Case Law Archive
April 27, 2026
National Case Law Archive
April 27, 2026
National Case Law Archive