Law of Wrongdoing in UK Law

Leading Cases
  • M'Alister or Donoghue (Pauper) v Stevenson
    • House of Lords
    • 26 May 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 February 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 October 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.

  • Dorset Yacht Company Ltd v Home Office
    • House of Lords
    • 06 May 1970

    These cases shew that, where human action forms one of the links between the original wrongdoing of the defendant and the loss suffered by the plaintiff, that action must at least have been something very likely to happen if it is not to be regarded as novus actus interveniens breaking the chain of causation. But if the intervening action was likely to happen I do not think it can matter whether that action was innocent or tortious or criminal.

  • Rose v Plenty
    • Court of Appeal (Civil Division)
    • 07 July 1975

    Similarly, when, as I shall indicate, it is important that one should determine the course of employment of the servant, the law of agency may have some marginal relevance But basically, as I understand It, the employer is made vicariously liable for the tort of his employee not because theplaintiff is an invitee, nor because of the authority possessed by the servant, but because It is a case in which the employer, having put matters into motion, should be liable if the motion that he has originated leads to damage to another.

  • Dubai Aluminium Company Ltd v Salaam
    • House of Lords
    • 05 December 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.

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Legislation
  • Finance Act 2008
    • UK Non-devolved
    • January 01, 2008
    ...... provisions for imposing penalties on persons in respect of failures to notify HMRC that they are chargeable to tax etc and certain wrongdoings relating to invoices showing VAT and excise duties. . (2) That Schedule comes into force on such day as the Treasury may by order appoint. . (3) ......
  • Insolvency Act 1986
    • UK Non-devolved
    • January 01, 1986
    ...... and qualification of insolvency practitioners, the public administration of insolvency, the penalisation and redress of malpractice and wrongdoing, and the avoidance of certain transactions at an undervalue . [25th July 1986] . . B . e it enacted. by the Queen's most Excellent Majesty, ......
  • Police Reform Act 2002
    • UK Non-devolved
    • January 01, 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
    • January 01, 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), ......
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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)
    ......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)
    ......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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