Omission CASES

October 3, 2025

National Case Law Archive

Law books in a law library

Smith v Littlewoods Organisation Ltd [1987] AC 241

Owners of a derelict cinema were sued after vandals started a fire that damaged neighbouring property. The House of Lords held the owners were not liable, establishing there is no general duty of care to prevent harm caused by third parties' deliberate wrongdoing. Facts The defenders, Littlewoods Organisation Ltd, purchased a cinema in Hamilton in 1976 with the intention of demolishing it and replacing it with a supermarket. While awaiting the necessary permissions, the cinema was left unoccupied and unattended. The property was frequently broken into by children and vandals, a fact known to the defenders’ employees. However, the defenders

October 2, 2025

National Case Law Archive

Lady justice next to law books

Prison Officers Association v Iqbal (Rev 1) [2009] EWCA Civ 1312

A prisoner was confined to his cell during an unlawful strike by prison officers and sued their union for false imprisonment. The Court of Appeal held that an omission (the officers' failure to work) does not constitute false imprisonment, which requires a positive act of detention. Facts The claimant, Mr Iqbal, was a prisoner at HMP Wealstun. On 29 August 2007, the Prison Officers Association (POA), the defendant union, called its members out on an unlawful national strike in protest against the government’s decision to stage the prison service pay award. As a result of the prison officers’ absence, the