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131 Cards in this Set
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The claimant deposited money with a licensed deposit taker, regulated by the Commissioner. He lost his money when the deposit taker went into insolvent liquidation. |
Yuen Kun Yeu v AG of Hong Kong 1988 |
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Claim by mother of one of victims of Yorkshire Ripper that the defendant (the police) owed duty of care to daughter in conducting investigation properly |
Hill v Chief Constable of West Yorkshire 1989 |
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It was 'reasonably foreseeable' that the claimant would suffer further illness if an ambulance did not arrive promptly The claimant and defendant were 'sufficiently proximate' once the AS accepted the call and dispatched an ambulance, and a specific duty of care was established and breached |
Kent v Griffiths 2000 |
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a series of appeals against striking out actions against public authorities. One line involved child abuse where the local authority failed to act after the children were referred to them. The other group involved a failure to provide special needs facilities. |
X v Bedfordshire 1995 |
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The claimant had been placed in care as a baby and remained in care until adulthood. He undoubtedly had an awful experience of childhood. He argued that the local authority ought to have made attempts to have him adopted, and therefore avoided the psychological problems he now suffered. HL did find that the local authority owed him a duty of care in these circumstances. |
Barrett v Enfield 2001 |
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Teachers owed a duty to road users to ensure that the children under their control do not become a danger to others. |
Carmarthenshire v Lewis 1955 |
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The owners of a factory near where the two complainants had lived and played as children. They contracted mesothelioma due to their exposure to asbestos |
Margereson v J W Roberts 1996 |
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Police officers assume a responsibility to one another to "watch each other's back" |
Costello v Chief Constable of Northumbria Police 1999 |
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There is every indication that had she remained in hospital she would not have succeeded in killing herself. her right to life was violated |
Rabone v Pennine Care NHS Trust 2012 |
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A decorator was left alone under his contract by the claimantThe decorator went out to fetch some wallpaper, leaving the door unlockedWhile he was out, thieves stole property from the claimant's house |
Stansbie v Troman 1948 |
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The referee of a rugby match and the sport's governing body were at fault when a player was injured and confined to a wheel chair after scrum collapsed. |
Vowles v Evans 2003 |
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A duty of care was owed in relation to adopted dangers existing on one's land when that danger could spread to a neighbour's land. |
Goldman v Hargrave 1967 |
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police were holding a prisoner who was a known suicide risk. The prisoner did succeed in killing himself - The court rejected the police defence of Novus Actus Interveniens. |
Reeves v Commissioner of Police for Metropolis 1999 |
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car driver claimed his vision was obscured by a mound of earth, Statute conferred on the authority a power but not an obligation to remove the earth |
Stovin v Wise 1996 |
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subject to a vicious campaign of harassment and suffered psychiatric harm. Police tried to argue no proximity between them and her, and also policy reasons from Hill. |
Swinney v CC Northumbria |
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vandals broke into the cinema and set fire to it. The fire spread and caused damage to neighbouring properties. The owners of the properties brought an action in negligence claiming that they were owed a duty of care to prevent the actions of the vandals. |
Smith v Littlewoods 1987 |
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Some workmen were digging a trench in a pavement. They went off to lunch and left tools at the ends to warn pedestrians. The claimant, a blind man, tripped on and fell hitting his head. |
Haley v London Electricity Board 1965 |
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The Defendant left a horse-drawn van unattended in a crowded street. The horses bolted when a boy threw a stone at them. A police officer tried to stop the horses to save a woman and children who were in the path of the bolting horses. The police officer was injured. It was held that the Defendant owed a duty of care as he had created a source of danger by leaving his horses unattended in a busy street. |
Haynes v Harwood 1936 |
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The claimant was seriously injured in a professional boxing match governed by rules established by the defendant's rules. Ringside medical facilities were available, but did not provide immediate resuscitation. By the time he received resuscitation in hospital he had sustained permanent brain damage which such treatment would have prevented. |
Watson v British Boxing Board of Control 2004 |
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A very notable novel case. A decomposed snail came in a bottle of ginger beer. |
Donoghue V Stevenson 1932 |
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These cases were about negligent failure to diagnose dyslexia and other conditions by the school authorities leading to a consequential effect on educational development. |
Phelps v Hillingdon 2001 |
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Some young offenders were doing some supervised work on Brown Sea Island under the Borstal regime. One night the Borstal officers retired for the evening leaving the boys unsupervised. Seven of them escaped and stole a boat which collided with a boat owned by the claimant. |
Home Office v Dorset Yacht Co 1970 |
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The objective method of the standard/reasonable man was first adopted. an unusually cold frost caused a frozen plug. The damaged plug leaked a large quantity of water into the claimant's home. |
Blyth v Birmingham Waterworks 1856 |
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The claimant, a child was scalded by the upturning of an urn of tea. would a reasonable man prevent this? |
Corp v Muir 1943 |
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This case added to the definition of the 'reasonable man', suggesting that such an individual rides on the London underground and s a 'normal' man in in the sense that he is not stupid or careless, nor overly cautious. |
Hall v Brooklands Auto-racing Club 1933 |
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A driving instructor was injured by his pupil when the pupil negligently crashed. |
Nettleship v Weston 1971 |
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The defendant suffered a stroke while driving, knocking over a pedestrian. |
Roberts v Ramsbottom 1980 |
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A Weetabix lorry driver suffered a hypoglycemic attack while driving and crashed into the claimant's shop. |
Mansfield v Weetabix 1997 |
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A baby was given too much oxygen by a trainee doctor. |
Wilsher v Essex AHA 1988 |
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The anaesthetic had been contaminated with a sterilising fluid. At the time it was not known that the anaesthetic could be contaminated in this way. |
Roe v Minister of Health 1954 |
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The anaesthetic had been contaminated with a sterilising fluid. At the time it was not known that the anaesthetic could be contaminated in this way. |
Bolton v Stone 1951 |
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The claimants moved to a house close to a cricket ground |
Miller v Jackson 1977 |
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The defendant golf club was liable in nuisance for damage caused by golf balls repeatedly hit out of the club. |
Castle v St Augustine's Links 1922 |
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The claimant only had sight in one eye due to in injury sustained in the war. His employer, a garage did not provide safety goggles and a splinter of metal blinded him. |
Paris v Stepney 1951 |
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The claimant slipped on the factory floor at work. The factory had become flooded due to adverse weather conditions. The defendant's had put up warning signs mopped up and placed sawdust in the most used places to make it as safe as possible. |
Latimer v AEC Ltd 1952 |
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The Wagon Mound, leaked furnace oil which caught fire and damaged some boats. |
The Wagon Mound v Miller Steamship 1967 |
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A woman was trapped under a lorry. A fireman injured his leg after the fire chief ordered him to lift a heavy lorry jack on to the back of a truck and hold it in place until they reached the scene of the accident. |
Watt v Hertfordshire 1954 |
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2 15 year old girls were sword fighting with plastic rulers when the fragments of one blinded the claimant. |
Mullin v Richards 1998 |
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The claimant was undergoing electro convulsive therapy as treatment for his mental illness. The doctor did not give any relaxant drugs and the claimant suffered a serious fracture. |
Bolam V Friern Barnet HMC 1957 |
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The plaintiff asked the defendants to arrange for ears to be pierced. The defendant referred her to a third party jeweler. The jeweler appeared to take proper steps to keep the wounds disinfected, but an abscess developed. |
Philips v Whitely 1938 |
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A consultant believed a woman to have tuberculosis but decided to carry out and exploratory diagnosis in case of Hodgkin's disease. Remember Lord Scarman's quotes... |
Maynard v West Midlands HA 1985 |
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No duty to disclose all risks to patient prior to operation - Bolam test application |
Sidaway v Bethlem Royal Hospital (1985) |
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The defendant, a senior medical professional, used forceps to assist with the difficult delivery of a newborn childBecause of this use of forceps, the child suffered severe brain damage |
Whitehouse v Jordan 1981 |
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A doctor was called to attend a 2 year old child with breathing difficulties, the doctor did not attend and the child died. The process of intubation may have saved the child's life. |
Bolitho v City & Hackney HA 1997 |
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A case where the Bolam test is applied to Architects. They Estimated the Cost of renovating a house at £238,000. The Actual cost was later estimated at £440,000 due to the Architects neglect. |
Nye Saunders & Partners v Bristow 1987 |
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A case where the Bolam test is applied to Art-Evaluators. Art consultants valued a painting of a pair of fox hounds at £50, they were sold at auction for £840 to a collector who sold them on for £88,000 because it was painted by George Stubbs |
Luxmoore-May v Messenger May Baverstock 1990 |
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A case where the Bolam test is applied to Surveyors. |
Singer & Friedlander v Wood 1977 |
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A case where the Bolam test is applied to Auctioneers. The highest bidder of a racehorse denied making the final bet and left the auction. the defendant horse owner re-auctioned the colt and only made half the the previous price. |
Alchemy v Tattersalls Ltd 1985 |
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A case where the Bolam test is NOT applied to Solicitors. A solicitor completed a mortgage in 'Hong Kong style' rather than in the old fashioned English style. |
Edward Wong Finance Ltd v Johnson, Stokes & Master 1984 |
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A photographer at a horse race, was injured by the horse belonging to the defendant.The horseman was expected to concentrate on the race and not on the spectator. |
Wooldridge v Sumner 1963 |
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The plaintiff was a spectator at a motorcycle scramble race, and was injured."a competitor in a race... must, of course, use reasonable care. But that means reasonable care having regard to the fact he is a competitor in a race in which he is expected to go 'all out' to win" |
Wilks v Cheltenham Homeguard 1971 |
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The claimant, a professional jockey, had been injured when he was unseated as a result of manoeuvres by two fellow jockeys. At trial the judge identified that a contestant in a lawful sporting contest owes a duty of care to each and all other contestants. |
Caldwell v Maguire 2001 |
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The plaintiff claims damages after she is struck in the forehead with a puck, at an ice hockey game. |
Murray v Harringay Arena 1951 |
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The claimant sued another player and the referee at a rugby match in which he was badly injured when the scrum collapsed. The claim against the player was dismissed, but the referee was found liable. |
Smoldon v Whitworth 1997 |
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The plaintiff was injured after being hit by six bags of sugar, which fell from the defendant's warehouse. The res ipsa loquitur (the thing speaks for itself) principle has been developed for situations where negligence can only be inferred and the exact cause cannot be proved by the claimant. |
Scott v London & St Katherine's Dock co. 1865 |
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The plaintiff slipped on a spillage on Tesco's floor staff were instructed to stay with spillages when they were found until they were cleaned but the customer was able to prove other spillages not treated so. |
Ward v Tesco 1976 |
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3 night-watchmen from a college went to casualty at about 5am on the morning of New Year's Day complaining of vomiting and stomach pains after drinking tea. The doctor refused to examine them. |
Barnett V Chelsea & Kensington Hospital Management Committee 1969 |
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Plaintiff shot in the face by one of two hunters that shot at the same time but the plaintiff couldn't prove which one. |
Cook v Lewis 1952 |
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A young boy suffered a fractured hip when he fell from a tree. The hospital negligently failed to make a correct early diagnosis. |
Hotson v East Berkshire AHA 1987 |
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Claimant was concerned about a lump under his arm but the GP failed to refer him to a hospital for tests dismissing the lump as a harmless fatty tissue. This reduced his chance of survival from 42% to 25% |
Gregg V Scott 2005 |
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The claimant's employer negligently caused a slipped disk which reduced his earning capacity by half. The claimant was found to have a pre-existing spinal disease so was only award 4 years worth of loss. |
Jobling v Associated Dairies 1982 |
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The claimant suffered an injury to his leg when the defendant ran into him in his car. He sustained a further injury to his leg sorting through scrap metal then two men shot him in his injured leg. The defendant claimed he should owe losses after the shooting. |
Baker v Willoughby 1970 |
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The claimant was exposed to brick dust. A possible cause of the dermatitis that he contracted. |
McGhee v NCB 1973 |
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The Fatal Fibre Case |
Fairchild v Glenhaven 2002 |
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The claimants sought damages after contracting meselothemia working for the defendants. The defendants argued that the claimants had possibly contracted the disease at any one or more different places. |
Barker v Corus 2004 |
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Claimant went to hospital with back pain. A neurosurgeon recommended an operation. Claimant did not really want an operation but was persuaded by the doctor. The Doctor did not warn Claimant of 1-2% nerve damage risk. |
Chester v Afshar 2004 |
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The claimant strained his back and hips and his leg was prone to giving way. He injured himself further jumping down some stairs which amounted to a novus actus interveniens. |
McKew v Holland 1969 |
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A women on a bus suffered injury to her neck through the negligent driving. because of this she later fell down some stairs. The claimant's reasonable act did not break the chain of causation when recovering from an injury, the original tortfeasor was still liable for the further injury. |
Wieland v Cyril Lord Carpets 1969 |
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Claimant suffered severe frostbite on a long lorry journey in severe winter weather. |
Bradford v Robinson Rentals 1967 |
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Claimant was a herdsman who contracted weils disease during the course of his work. |
Tremain v Pike 1969 |
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Post office employees negligently left the manhole uncovered inside a tent with four lit paraffin lamps inside. A boy entered the tent and knocked one into the hole causing an explosion and injury. |
Hughes v Lord Advocate 1963 |
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Due to negligence a cover over a cauldron of heated sodium cyanide was allowed to slide into the liquid in the tank. There was a chemical reaction resulting in an explosion burning the claimant. |
Doughty v Turner Manufacturing 1964 |
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An abandoned boat had been left on its land and not removed by the council. Children tried to repair it, jacked it up, and a child was injured when it fell. |
Jolley V Sutton LBC 2000 |
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The defendants were the suppliers of a chemical product to the claimants. The defendants negligently failed to warn the Claimants that the chemical would explode on contact with water. There was an alarming explosion, causing very extensive damage. |
Vacwell Engineering Ltd v BDH Chemicals 1971 |
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A widow brought a claim against the defendant under the Fatal Accidents Act for the death of her husband. The defendant employed the husband. As a result of their negligence he incurred a burn to his lip. The lip contained pre-cancerous cells which were triggered by the injury sustained. He died three years later from cancer. |
Smith v Leech Brain 1962 |
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The parties had been involved in a road traffic accident. The defendant drove into the claimant's parked car. The claimant was unable to afford to hire a car pending repairs being completed, and arranged to hire a car on credit. He now sought payment of the cost of the credit agreement. |
Lagden v O'Connor 2003 |
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A manager of a public house was given the right to rent out rooms in his private quarters even though he had no proprietary interest in the premises which were owned by the brewery. When a paying guest fell to his death on an unlit staircase |
Wheat v Lacon 1966 |
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The tenant left the house and before the local authority moved in to have the property boarded up a 4 year old child got in and was seriously injured when she fell from a top floor window. |
Harris v Birkenhead Corporation 1976 |
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An experienced welder had for a month been carrying out work on a ship as an employee of sub-contractors. He was injured owing to the inadequacy of certain staging, constituting an unusual danger of which he had full knowledge. |
London Graving Dock v Horton 1951 |
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An aeroplane had been hired for a party. An envelope containing a "ticket" was handed to the hirer which exempted the owners from liability for their own or their servants' negligence. The plane crashed before the hirer could read the contents of the envelope |
Fosbrooke Hobbes v Airwork Ltd 1937 |
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A lift engineer had failed adequately to repair a lift which as result later fell to the bottom of its shaft. |
Haseldine v Daw & Son Ltd 1941 |
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The Defendant supplied a ladder which was unsuitable and gave way so that the plaintiff was injured. |
Wheeler v Corpas 1981 |
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A woman visiting a pub went out into the garden where the toilets had formerly been. She went through an unmarked gate at the other side of the garden and was attacked by the landlord's dog. |
Gould v McAuliffe 1941 |
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A child, visiting the circus, left the tent to relieve herself. She passed the lions' runway, where she was mauled. |
Pearson v Coleman Bros 1948 |
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A 4 year old fell through a gap in the railings guarding a stairwell and was injured. |
Moloney v Lambeth LBC |
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A 5 year old boy was out black-berry picking with his 7 year old sister. The boy was injured when he fell into a trench. |
Phipps v Rochester Corp 1955 |
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Two little girls were sliding down the side of a mountain on a blanket. They flew over a thirty foot bluff. |
Simkiss v Rhondda BC 1983 |
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A seven year old at a botanical garden ate the berries of a belladonna plant and died. |
Glasgow Corporation v Taylor 1922 |
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Children climbed up mound of earth in order to jump off a wall |
Liddle v Yorks CC 1934 |
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Two chimney sweeps were suffocated up a chimney. |
Rowles v Nathan 1963 |
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Claimant's husband drowned while swimming in a pond at Hardwick Hall in Derbyshire. He was a competent swimmer, but the pond was murky. |
Darby v National Trust 2001 |
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A child was injured on a school steps which were negligently left in an icy state after they had been cleared of snow. |
Woodward v Mayor of Hastings 1945 |
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A cricket club hired a stunt team to carry out a "firework display". The claimant was burnt and also broke an arm because they chose to use ordinary gunpowder, petrol and propane gas rather than the more traditional fireworks. |
Bottomley v Todmorden CC 2003 |
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A "splat-wall" at a fundraising fair had been negligently assembled the claimant was injured when she fell |
Gwillam V West Hertfordshire NHS 2002 |
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A six year old boy was electrocuted and suffered severe burns when he wondered from a play park onto a live railway line. |
British Railways Board V Herrington 1972 |
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Donoghue went for a midnight swim in Folkstone, Kent, harbour. He dived in from a slipway and struck his head on an underground structure and was paralysed as a result. |
Donoghue v Folkstone Properties 2003 |
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Claimant took short cut over the defendant's land. Fell down trench. |
White v St Albans City and District Council 1990 |
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A police officer entered somebody's premises to observe their next-door neighbour. he fell down an inspection pit and suffered knee damage. |
Higgs v W H Foster 2004 |
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19 year old student after drinking 4 pints went swimming with 2 friends. He hit top of his head on bottom of pool after diving and was left tetraplegic. |
Ratcliffe v McConnell 1999 |
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The claimant was injured when he dived into shallow water at a lake which had signs and rangers to warm swimmers. He broke his neck. |
Tomlinson v Congleton BC 2003 |
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An 11 year old jumped off a fire escape and suffered brain damage |
Keown v Coventry Healthcare NHS Trust 2006 |
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A man, frustrated about thieves stealing his vegetables and tools, slept in his shed with a shotgun. He blindly shot a burglar in the arm and chest. |
Revill v Newbery 1996 |
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The Defendant shot the claimant during a shooting party. The claimant left it to the defendant to justify his conduct and could not find any intention. |
Fowler v Lanning 1959 |
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In a car park, a car drove over the woman's legs.The woman came to court 3 years after the accident (negligence: 3 years limitation period; trespass: 6 years). She lost because it was a negligence case. |
Letang v Cooper 1965 |
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A police woman took hold of a woman's arm to stop her walking off when she was questioning her. The woman scratched the police woman and was charged with assaulting a police officer in the course of her duty. |
Collins v Wilcock 1984 |
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The defendant made a series of silent telephone calls over three months to three different women. He appealed contending that silence cannot amount to an assault and that psychiatric injury is not bodily harm. |
R v Ireland 1998 |
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Normal schoolboy horseplay. A schoolboy pulled the bag of another schoolboy who fell and was injured. |
Wilson v Pringle 1987 |
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A car was accidentally driven over a policeman's foot. However the driver then refused to move the vehicle immediately. |
Fagan v Metropolitan Police Commissioner 1969 |
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The defendant threw a lighted squib into a crowded marketplace. As a result, two other patrons threw the squib until it struck the Plaintiff in the face, injuring him. |
Scott v Shepherd 1773 |
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The case attempted to distinguish battery from everyday touching with the presence of anger. "The least touching of another in anger is a battery." |
Cole v Turner 1704 |
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Mr. Cockcroft ran his finger towards Mr. Smith's eyes. Mr. Smith bit off part of Mr. Cockcroft's finger. |
Cockroft v Smith 1705 |
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A rugby player punched another player during a match in an unprovoked attack. Whilst the defendant argued that punching was common place during rugby matches, it was outside the rules of the game. |
R v Billinghurst 1978 |
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Meering was held in a room and questioned, because his employer though him to be a thief. |
Meering v Grahame-White Aviation Co Ltd 1920 |
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Part of Hammersmith bridge was closed off the Claimant insisted on walking on that part of the bridge and climbed into the enclosure. He was prevented from getting out at the other end but there was nothing to stop him going back the way that he came so he was not imprisoned. |
Bird V Jones 1845 |
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The claimant wanted to cross on a ferry. The charge was 'a penny on, a penny off' He just missed the ferry, so changed his mind about crossing and tried leaving from the way he came. He refused to pay the penny off stating the fact he did not cross. |
Robinson v Balmain 1910 |
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A miner demanded to be returned to the surface before the end of his shift. His employer refused to start the lift. |
Herd v Wardale 1913 |
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A prisoner's release date was miscalculated — Her continued detention after the correct date was unlawful and entitled her to damages for false imprisonment of £5000 for 59 days. |
R V Governor of Brockhill Prison, ex parte Evans 2001 |
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The plaintiff was injured by hitting concrete wall surrounding rugby field. D not liable as injury foreseeable but so improbable that it was not necessary to guard against it). |
Simms v Leigh Rugby Football Club 1968 |
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After being left paralysed from the neck down. Plaintiff was kept alive by ventilator. She wanted the ventilator turned off, but the doctors refused. |
Ms B v an NHS Hospital trust 2002 |
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A farmer who had been struck by with a baseball bat, he wrestled the bat from his hands and struck him a single blow to the head causing very serious injuries. |
Cross v Kirby 2000 |
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The Claimant shouted abuse at the Defendant's wife from outside their house. The Defendant, who was in bed at the time got up and went outside. The Claimant, thinking he was about to be hit, punched the Defendant. The Defendant then struck the Claimant in the eye causing 18 stitches of damage. |
Lane v Holloway 1967 |
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Leathem's butcher business suffered considerable losses, and brought an action for conspiracy against a trade union who threatened Leathem's customers into not buying off him using strikes. |
Quinn v Leathem 1901 |
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The defendant alleged that he and his family were subjected to constant abuse by their neighbours, and that on one occasion, after threats to his son, the defendant killed the deceased with a machete. |
Barnes v Nayer 1986 |
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As a practical joke, the defendant told claimant that her husband had been seriously injured in an accident. She had a violent shock to her nervous system and sued for damages for weeks of suffering and incapacity. |
Wilkinson v Downton 1897 |
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A woman was told she was wanted for writing to a German spy - she was terrified by the defendant and became ill. |
Janvier v Sweeney 1919 |
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Visitors to prison strip-searched for drugs. Distress and humiliation was inflicted on them. |
Wainwright v Home Office 2003 |
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The first defendant was rude and unfriendly to the claimant, locked her out of her office, interfered with her desk and personal effects and hid things when they were needed, culminating in a physical assault on her. The second defendant was her employer for negligence. |
Wong v Parkside NHS Trust 2003 |
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Mr William Majrowski was a homosexual, and worked as a clinical auditor coordinator. He claimed that his manager, Sandra Freeman bullied and harassed him. |
Majrowski v Guy's and St Thomas' NHS Trust 2006 |
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The claimants were tenants in a block of flats. The flats suffered from structural defects due to inadequate foundations which were 2ft 6in deep instead of 3ft deep as required. |
Anns v Merton 1978 |
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A house had been built on a concrete raft, The raft was inadequate although it was checked by the council and cracks later appeared when the house subsided. |
Murphy v Brentwood District Council 1991 |
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Shareholders in a company bought more shares and then made a successful takeover bid for the company after studying the audited accounts which were wrongly prepared by the defendants. |
Caparo Industries v Dickman 1990 |
