Negligence in UK Law
- breach of duty
- breach of duty of care
- breach of statutory duty
- careless driving
- chain of causation
- contributory negligence
- dangerous driving
- dangerous driving causing death
- driving negligence
- duty of care
- duty to rescue
- ex turpi causa
- gross negligence
- medical malpractice
- medical negligence claim
- medical negligence or clinical negligence
- negligence duty of care
- negligence of employer
- negligent misstatement
- neighbour principle
- novus actus interveniens
- police negligence
- professional negligence
- professional negligence in the manner he
- standard of care
- tort of negligence
- volenti non fit injuria
- wrongful arrest
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Anns v Merton London Borough Council
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First one has to ask whether, as between the alleged wrongdoer and the person who has suffered damage there is a sufficient relationship of proximity or neighbourhood such that, in the reasonable contemplation of the former, carelessness on his part may be likely to cause damage to the latter—in which case a prima facie duty of care arises.
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M'Alister or Donoghue (Pauper) v Stevenson
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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.
In the daily contacts of social and business life human beings are thrown into or place themselves in an infinite variety of relationships with their fellows and the law can refer only to the standards of the reasonable man in order to determine whether any particular relationship gives rise to a duty to take care as between those who stand in that relationship to each other. The criterion of judgment must adjust and adapt itself to the changing circumstances of life.
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Dorset Yacht Company Ltd v Home Office
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Donoghue v. Stevenson [1932] A.C. 562 may be regarded as a milestone, and the well-known passage in Lord Atkin's speech should I think be regarded as a statement of principle. It is not to be treated as if it were a statutory definition. But I think that the time has come when we can and should say that it ought to apply unless there is some justification or valid explanation for its exclusion.
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Maynard v West Midlands Regional Health Authority
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My Lords, even before considering the reasons given by the majority of the Court of Appeal for reversing the findings of negligence, I have to say that a judge's "preference" for one body of distinguished professional opinion to another also professionally distinguished is not sufficient to establish negligence in a practitioner whose actions have received the seal of approval of those whose opinions, truthfully expressed, honestly held.
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Hill v Chief Constable of West Yorkshire
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In some instances the imposition of liability may lead to the exercise of a function being carried on in a detrimentally defensive frame of mind. A great deal of police time, trouble and expense might be expected to have to be put into the preparation of the defence to the action and the attendance of witnesses at the trial. The result would be a significant diversion of police manpower and attention from their most important function, that of the suppression of crime.
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Caparo Industries Plc v Dickman
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What emerges is that, in addition to the foreseeability of damage, necessary ingredients in any situation giving rise to a duty of care are that there should exist between the party owing the duty and the party to whom it is owed a relationship characterised by the law as one of "proximity" or "neighbourhood" and that the situation should be one in which the court considers it fair, just and reasonable that the law should impose a duty of a given scope upon the one party for the benefit of the other.
- Law Reform (Contributory Negligence) Act 1945
- The National Health Service (Clinical Negligence Scheme) (Amendment) Regulations 2014
- The National Health Service (Clinical Negligence Scheme for General Practice) Regulations 2019
- The National Health Service (Clinical Negligence Scheme) (Wales) Regulations 2019
- Negligence
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ADVOCATES' IMMUNITY FROM NEGLIGENCE ACTION
After considering the circumstances in which advocates' immunity from liability in negligence exist, the paper looks at the reasons for the continued existence of the rule and, in particular, the g...
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Negligence, Public Bodies, and Ruthlessness
The Law Commission has concluded in a recent consultation paper (‘Administrative Redress’) that claimants are able to sue public bodies successfully in negligence in an unacceptably wide range of c...
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Gross Negligence Manslaughter by Omission
There has been much academic debate concerning criminal liability for omissions and the extent to which such liability should be extended. The focus here concerns a recent, unreported, conviction f...
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Gross negligence
It is rare for an employer to rely on an employee's negligence as a sufficient reason to dismiss. This is particularly the case where there has been a one-off error. Also, it is likely that a more ...
- Employer Negligence
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Can Gross Negligence Constitute Gross Misconduct?
The Court of Appeal (CA) in Adesokan v Sainsbury's Supermarkets Ltd [2017] EWCA Civ 22 considered whether an employee’s failure to act constituted gross misconduct. Mr Adesokan, a long-serving...
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Corporate Trustees: how gross must negligence be?
Surprisingly, the distinction between negligence and gross negligence in English contract and trust law is unclear. On one view, reflected in the older cases, there is little or no difference at all.
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Application for directions (Part 29)
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
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Application for appointment of a receiver (sched. 1- RSC O.51 r.3)
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
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Claim to grant bail (criminal proceedings) (sched.1- RSC O.79 r.9(1))
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
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Application for time (rule 3.1(2)(a)) (other than an application to extend time for service of a claim form)
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.