Joanna Michael made a 999 call reporting threats from her ex-partner. Due to communication failures between two police forces, officers arrived too late and she was murdered. The Supreme Court held police owed no common law duty of care to protect individuals from third-party violence absent an assumption of responsibility, but allowed the human rights claim to proceed to trial.
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 allowed proof before answer on the warning duty but rejected the duty to instigate eviction proceedings.
Children were scalded when a tea urn was dropped in a narrow passage at a tea room managed by the Corporation. The House of Lords held that the manageress could not reasonably have foreseen the accident occurring from permitting the urn to be carried through, and thus no negligence was established.
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 no duty of care for pure economic loss arising from defective buildings.
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.
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 grounds.
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.
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 dismissed.
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 website statements.
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.
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.
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.
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 breaches of duty of care.
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.
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 test and that positive acts causing foreseeable injury attract ordinary negligence liability.
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 and causes damage.
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.
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 know will rely on valuations, and that such disclaimers were ineffective under the Unfair Contract Terms Act 1977.
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 causing damage.
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.
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 power, limiting public authorities’ tort liability for omissions.
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.
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.
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 vicarious liability.
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 attacks.
October 4, 2026
National Case Law Archive
October 4, 2026
National Case Law Archive
October 4, 2026
National Case Law Archive