Law of Wrongdoing in UK Law

Leading Cases
  • M'Alister or Donoghue (Pauper) v Stevenson
    • House of Lords
    • 26 Mayo 1932

    You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.

  • Smith v Littlewoods Organisation Ltd; Maloco v Littlewoods Organisation Ltd
    • House of Lords
    • 05 Febrero 1987

    This dictum may be read as expressing the general idea that the voluntary act of another, independent of the defender's fault, is regarded as a novus actus interveniens which, to use the old metaphor, "breaks the chain of causation." Of course, if a duty of care is imposed to guard against deliberate wrongdoing by others, it can hardly be said that the harmful effects of such wrongdoing are not caused by such breach of duty.

    I wish to emphasise that I do not think that the problem in these cases can be solved simply through the mechanism of foreseeability. When a duty is cast upon a person to take precautions against the wrongdoing of third parties, the ordinary standard of foreseeability applies; and so the possibility of such wrongdoing does not have to be very great before liability is imposed.

  • Lonrho Plc (Original Respondents and Cross-Appellants) v Fayed and Others (Original Appellants and Cross-Respondents) (First Appeal); Lonrho Plc (Original Respondents and Cross-Appellants) v Fayed and Others (Original Appellants and Cross-Respondents) (Second Appeal)
    • House of Lords
    • 15 Octubre 1991

    But when conspirators intentionally injure the plaintiff and use unlawful means to do so, it is no defence for them to show that their primary purpose was to further or protect their own interests; it is sufficient to make their action tortious that the means used were unlawful.

  • Dubai Aluminium Company Ltd v Salaam
    • House of Lords
    • 05 Diciembre 2002

    Perhaps the best general answer is that the wrongful conduct must be so closely connected with acts the partner or employee was authorised to do that, for the purpose of the liability of the firm or the employer to third parties, the wrongful conduct may fairly and properly be regarded as done by the partner while acting in the ordinary course of the firm's business or the employee's employment.

  • Lister and Others v Hesley Hall Ltd
    • House of Lords
    • 03 Mayo 2001

    It remains, however, to consider how vicarious liability for intentional wrongdoing fits in with Salmond's formulation. The answer is that it does not cope ideally with such cases. It must, however, be remembered that the great tort writer did not attempt to enunciate precise propositions of law on vicarious liability. In reality it is simply a practical test serving as a dividing line between cases where it is or is not just to impose vicarious liability.

  • Crofter Hand Woven Harris Tweed Company v Veitch
    • House of Lords
    • 15 Diciembre 1941

    It is enough to say that if there is more than one purpose actuating a combination, liability must depend on ascertaining the predominant purpose. If that predominant purpose is to damage another person and damage results, that is tortious conspiracy. If the predominant purpose is the lawful protection or promotion of any lawful interest of the combiners (no illegal means being employed), it is not a tortious conspiracy, even though it causes damage to another person.

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Legislation
  • Police Reform Act 2002
    • UK Non-devolved
    • 1 de Enero de 2002
    ......within its remit. Section 37 also makes provision for affording. protection to police officers who report wrongdoing by other officers. 57. Subsection (5) . provides for the Commission to enter into arrangements, assist. and co-operate with inspectors of ......
  • Justice and Security Act 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ...... . . (a) wrongdoing by another person ("C") has, or may have, occurred,. . . (b) B was involved with the carrying out of the wrongdoing (whether innocently or not), ......
  • The Greenhouse Gas Emissions Trading Scheme Auctioning Regulations 2021
    • UK Non-devolved
    • 1 de Enero de 2021
    ....... (2) The report given under paragraph (1) must state what remedial action it has taken or proposes to take to counter the wrongdoing referred to in paragraph (1). S-40 . Maximum bid-size and other remedial measures Maximum bid-size and other remedial measures . 40. —(1) A ......
  • Finance Act 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ......   . . 27 . (1) The Table in paragraph 1 of Schedule 41 to FA 2008 (penalties: failure to notify and certain VAT and excise wrongdoing) is amended as follows. . (2) For the entries relating to general betting duty and pool betting duty substitute-. . . . "General betting duty ......
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Books & Journal Articles
  • Profits from Wrongdoing: Private and Public Law Perspectives
    • Nbr. 62-2, March 1999
    • The Modern Law Review
  • Juvenile Justice in New Zealand: a New Paradigm
    • Nbr. 26-1, March 1993
    • Journal of Criminology (formerly Australian and New Zealand Journal of Criminology)
    This study describes the system of juvenile justice adopted in New Zealand under the Children, Young Persons and Their Families Act 1989. The Act sets out objectives and principles which stress a n...
    ......Tikanga i nga hara, for example, translates broadly into the law of wrongdoing in which there were clear concepts of right and wrong. The law, however, was based on notions that responsibility was collective rather than ......
  • Re-forming Justice: The Potential of Maori Processes
    • Nbr. 30-2, August 1997
    • Journal of Criminology (formerly Australian and New Zealand Journal of Criminology)
    There have been a number of calls for the implementation of a separate Maori justice system. This paper examines these calls and the practicalities of moving in this direction by drawing from two p...
    ......Tikanga o nga hara, for example, translates broadly into the law of wrongdoing and many Maori hapu (sub-tribes or collections of families) and iwi (tribes) possessed runanga 0 nga tura which translates broadly into a ......
  • Dishonesty plus Breach of Fiduciary Duties can Add up to Fraud
    • Nbr. 4-1, March 1996
    • Journal of Financial Crime
    • 59-62
    The Privy Council has added an interesting twist to the developing jurisprudence of commercial fraud in Grant Adams v The Queen, a recent appeal from the Court of Appeal of New Zealand. The judgmen...
    ......The judgment seems to suggest that the dividing line between 'civil' wrongdoing (ie breaches of fidu-ciary duty, company law obligations) and 'criminal' wrongdoing (ie theft and fraud) is not an impene-trable barrier. The ......
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Law Firm Commentaries
  • The EU Justice and Home Affairs Council formally adopts new Whistleblowing Directive
    • JD Supra United Kingdom
    The EU Justice and Home Affairs Council has formally adopted a Directive of the EU Parliament, which aims to harmonise the protections available for EU whistleblowers who report breaches of EU law.
    ...... which, in the reasonable belief of the worker making it, is made in the public interest and tends to show one or more of the types of wrongdoing or failure listed in section 43B(1)(a) to (f) which are:. that a criminal offence has been committed, is being committed or is likely to be ......
  • Corporate Compliance Takes a New Turn
    • LexBlog United Kingdom
    Discovering corporate criminal wrongdoing by employees or agents is a situation that employers hope to never encounter. However, if that time comes it is critical to be prepared. The Federal Govern...
    ...Discovering corporate criminal wrongdoing by employees or agents is a situation that employers hope to never encounter. However, if that time comes it is critical to be prepared. The Federal ......
  • Protecting Whistleblowers in the UK – Is the Law Sufficient?
    • LexBlog United Kingdom
    With instances of whistleblowing hitting the press on an ever-increasing basis, does UK law do enough to protect employees who blow the whistle on their employer’s wrongdoing? According to a new re...
    ...... hitting the press on an ever-increasing basis, does UK law do enough to protect employees who blow the whistle on their employer’s wrongdoing? According to a new report published by the international NGO, Blueprint for Free Speech, and the Thomson Reuters Foundation (the “Report”), the ......
  • UK Supreme Court Adopts New “Range of Factors” Approach to Defence of Illegality
    • JD Supra United Kingdom
    The UK Supreme Court has rejected a formal “reliance” test to determine whether a defendant to a civil claim can rely on the claimant’s wrongdoing to defeat the claim, replacing it with a more fact...
    ...... UK Supreme Court has rejected a formal “reliance” test to determine whether a defendant to a civil claim can rely on the claimant’s wrongdoing" to defeat the claim, replacing it with a more fact-sensitive “range of factors” approach, which may expand cases in which the defence operates. \t\xE2"......
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Forms
  • Chapter CH93050
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . . If a person commits a VAT or excise wrongdoing, see CH91200, they will be liable to a penalty. See CH92000 if the person has a reasonable excuse for a non-deliberate VAT or excise wrongdoing. If a ......
  • Chapter HMAG151000
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    .... . . Forfeiture. Action after condemnation has taken place. Civil Penalties. Excise wrongdoing penalties. Forfeiture. If, in relation to excise goods that are liable to duty that has not been paid, there is a contravention of any provision of ......
  • Chapter CH98150
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......This failure effectively transforms the wrongdoing into a non-deliberate one. In each case, the law refers to the action or inaction of the person, alone. Agents. Where an agent is acting for the ......
  • Chapter CH90100
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ......We have financial penalties to encourage these people to meet their legal obligations. From 1 April 2010 this wrongdoing penalty regime applies where a person. makes an unauthorised issue of an invoice showing or including VAT. misuses a product so that a higher ......
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