Dorset Yacht v Home Office Capital & Counties v

‘Depends on proximity Hampshire CC Barnett

Emergency Services Police Spring v Guardian Assurance
between D and 3rd Party’
Anomalie

X v BCC Kent v Griffiths

Acts of a 3rd Local Authority Ambulance
‘By negligent misstatement’
Party Hedley v Heller + MRA 1967
Special Groups ‘Can’t claim for future profit’
Langley v Dray
Spartan Steel v Martin
Forceability
Watson v British Boxing Caparo v ‘Reliance on D = Liability on D’
Proximity Test Dickman Esso Petroleum v Mardon
Macfarlane v Tayside Health
Just & Reasonable
White v Chief. C. Duty of Care Economic Loss
of South Y.
‘No duty = No liability’
Personal Injury =
As per Potts J; Psychiatric ‘Voluntary undertaking of
Omissions responsibility = D liable
Still Donoghue v Stevenson Injury
Dean v Allin & Watts
B v Islington Health ‘Can’t be slow death’
‘Can be caused by series Sion v Hamstead Health Exceptions
Classes
of events’
North Glamorgan ‘Voluntary undertaking ‘Positively worsened
v Walters of responsibility situation’
Definition = Barnett v MOD Capital & Counties v
Bystanders Rescuers
‘No physical; Hampshire CC
Bourhill v Young
only mental’ Friends/Relatives
Unwitting
Agent Employees McLoughlin v O’Brien
(Under Employer’s Normal Pros Alcock v Chief Constable of
Hunter v British Coal
Liability) Chadwick v South Yorkshire
British Rail Jaensch v Coffey
 Vaughn v Menlove Watt v Hertfordshire County Council

‘D owes Duty of Care to C + ‘Depends on risk w/ benefits

acts below reasonable standard’ (in relation to Local Authority’

Chester v Afshar Nettleship v Weston

‘insurance must pay;
‘Must tell C about
side effects’
Definition Breach Policy Therefore, held liable’

Changes in knowledge
Medical Roe v Ministry of Health
Reasonable
Standard N v UK
Size of risk
‘Chance of breach
occurring w/ measures
taken to prevent it’ Practicality
Character of D
Bolton v Stone ‘Must do what
is reasonable’ Common practice
Character of C
Latimer v AEC ‘If common practice =
‘Disability OR special need’
NOT liable’
Paris v Stepney Borough Council
Pros Children Wilson v Sacred Heart
Difference of
‘Competence = ‘Reasonable standard
Opinion
Someone in same position’ of a kid that age’
Djemal v Baxter
Vowles v Evans Mullin v Richards
Bolam v Barnett Medical
Bolitho v Hackney Medical
 Hunter v Canary Wharf Macfarlane v Tayside
‘Physical change to property, ‘Normal birth of child =
making it less useful OR valuable’ Blessing NOT damage’

Definition
Multiple
Consideration
Tortfeasors
‘Must consider liability of Damage
non-materially increasing ‘If child born disabled =
tortfeasors’ may be damaged’
Fairchild v Glenhaven Causation Parkinson v
Seacroft University

But for Material Balance of

‘Damage must be Increase Probability
forceable;
NOT ‘D must have done the sole
act which caused damage’ ‘Multiple acts; one most ‘> 51% chance = liable’
chances of it occurring' prevalent' Hotson v East Berkshire
Overseas Tankship v Barnett v Chelsea Medical McGhee v National Coal Board Health Authority
Miller
‘Damage must be
forceable;
NOT
Remoteness seriousness'
New view Smith v Leech Brain

‘If damage would occur, ‘As long as

reasonably forceable = ‘Unless act by 3rd Party;
nothing is too remote’ Old view — > NOW —> 3rd Party forceable =
D liable’ D liable’
Re Polemis
Wagon Mound No. 01 Scott v Shepard
 ‘No intervening event’
Ngu Chiu Piu v Therefore, Criminal Evidence
Requirement Lee Chuen Tat admissible

S. 11 Civil Evidence Act 1968

Res Ipsa ‘D has committed a crime in relation
Loquitur to the instant case’
‘Under control of D’
Gee v Metropolitan ‘If C has committed a crime
Railway ‘No other direct evidence Exception in the instant case’
+
No other means of it ‘Burden = on C’ Ashton v Thornton
occurring Vellino v Chief Constable of
Illegality Manchester
Mahon v Osborn
*Swab in stomach
Proof
Kirkham v Chief Constable
of Greater Manchester
Contributory ‘Consent = freely given +
Negligence Defences Volenti mentally capable of giving’

‘No Volenti for

‘Differing compensation for
Road Accidents w/ and w/o
seatbelt’
‘C contributes to ‘C increases
accident damage’
Baker v Willoughby
Resource usage = outside Policy
vehicle passengers’
‘Applies to Sports’ Pitts v Hunt
Simms v Leigh Rugby
Statutory and Football Club
Authority Why? Road Traffic Act 1988
‘But not outside
*insurance = mandatory
rules’
Resource selection = Policy
Smoulder v Whitworth
[No liability for wrong choice]
OR
‘outside tacit rules’
Blake v Galloway
[Liability may apply]
X v BCC
 ‘If the act is expected in job;
If furthers the business
D liable’
General = Employer NOT Liable = Liable
Mattis v Pollock
Rose v Plenty
Criminal Acts

Express If NOT
But; Lunch break = Liable Frolics
Exception Prohibitions
Twine v Bean’s Express
After work = Not Liable

Storey v Ashton
Authorised wrongful act
Course of
Salmond Test
Employment OR
Lister v Ramford Authorised act in
‘Employer can claim from unauthorised way
Employee later’ Lister v Hesley Hall
Vicarious
Original D
Liability must be liable
Controlled by Employer
in Tort first
Ready Mixed Concrete
v Ministry of Pensions
‘Control test = Flawed;
Employer of
Work for payment Test Old Law Employee knew
D more than Employer

‘But are not Contract terms ‘If D working ‘On his

conclusive’ concur own account’ NOT employee’
Ferguson v
Dawson Hall v Lorimer
‘If employee ONLY lent = Hirer liable;
‘If no disciplinary action
If employee + equipment lent = Original
can be taken = NOT employee’
Employer liable’
Carmichael v National Power Mersey Docks v Coggins
 Hunter v Canary Wharf Khorasadjian v Bush;
AG v PYA Quarries
‘Must be owner of land’ McKenna v British Aluminium
‘Any nuisance which materially
affects reasonable comfort of class Exception
of her majesty’s subjects' Jones v Portsmouth CC
Controller of hazard Occupier
Who can sue?
Sturges v Bridgman
Prescription Owners
Public Who can be sued?
Creator
Statutory
Authority St. Helens v Tipping ‘NOT things of delight
‘Property damage = - Wray CJ’
Marcic v Thames D liable; Discomfort = Hunter v Canary Wharf
ADR D NOT liable’

Coming into
Damage Nuisance Christie v Davey
‘Noise’
‘Water following
into C’s land’
Nuisance Sedleigh v O’Callaghan

Defences Private ‘Smell’

Malice Wheeler v JJ Saunders
Christie v Davey Interference
‘Emotional
Hollywood Silver Fox v Emmett distress’
‘Must be practical to Thomas v Costaki
Duration stop it occurring'
Unreasonable Leakey v National Trust ‘But if ordinary enjoyment
‘Longer the nuisance =
affected = D liable’
likely to be unreasonable’ Sensitivity
Crown Water v Kimbolton McKinnon v Walker
‘If C abnormally sensitive =
Locality D NOT liable’
Robinson v Kilvert
‘If character of ‘If land used unreasonably +
neighbourhood changed = damage reasonably forceable =
D NOT liable’ ‘Depends on if most C’s D liable; if NOT no liability’
Gillingham BC v Medway or most D’s’ Cambridge Water v Eastern Counties Leather
Sturges v Bridgman
 ‘i.e. water pipe for whole community’
Act of God ‘If D took all precautions =
Common Benefit Transco v Stockport
Not liable’
Nichols v Marsland
Fault of C
Statutory Authority ‘If D changed environment
Default of C = Liable
‘C abnormally
‘Mere authority = Greenock v Caledonian
sensitive’
D may be liable’ Railway
Eastern Telegraph v Defences
Capetown Tramways Charing Cross v
Rylands v Fletcher Hydraulic ‘Duty to Act = D Not liable’
Dunne v N.W. Gas
Common Enemy ‘Occupier brings/accumulates something
dangerous, for an unnatural use of land
‘if accumulation was which escapes and causes damage’ ‘poisonous branches’
reasonable response to Crowhurst v Amersham
threat to D & C = Not liable
Definition ‘gas’
Arscott v Coal Authority Batchellor v Turnbridge
‘chair-o-plane’

D must bring
Rylands v Fletcher Danger
Hale v Jennings

or accumulate ‘electricity’
‘Even if possibility of escape National Telephone
NOT forceable; still liable’ v Baker
Occupier (Strict Liability)
Unnatural
Use
‘C must be on C’s land;
‘D must control land’ ‘Even on the road’
NOT D’s
Smith v Scott Rigby v Chief Constable of
South Yorkshire Read v Lyons
Escape
‘Can be accidental OR
‘Chemicals = unnatural’
intentional’
Cambridge Water v
Crown River v Kimbolton
Eastern Counties Leather
‘Poisonous probably ‘Not unnatural if it
‘Natural growth = Not liable’
Giles v Walker unnatural’ benefits everyone - i.e. water’
Crowhurst v Amersham Transco v Stockport