Negligence in UK Law
- 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...
- Review: Professional Negligence
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The Negligence Standard: Political Not Metaphysical
This contribution distinguishes two kinds of responsibility: the basic (or ‘metaphysical’) kind that we all inescapably have as functioning human beings; and the assignable (or ‘political’) kind th...
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New Forms of Damage in Negligence
Although damage is an essential component of negligence liability, important extensions of the categories of actionable damage occur with little or no analysis or even acknowledgement of the fact. ...
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Gross Negligence Manslaughter on the Cusp
Despite playing a significant role in defining the boundaries of manslaughter, the ‘gross negligence’ concept is notoriously indeterminate. There is no comprehensible and consistent means of measur...
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The Negligence Liability of Statutory Bodies: Dutton Reinterpreted
The relationship between ultra vires and negligence in a statutory body has become important as a result of recent House of Lords decisions. In this article this relationship is examined and found ...
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Prosecuting ‘Gross’ Medical Negligence: Manslaughter, Discretion, and the Crown Prosecution Service
This article examines prosecutions of health care professionals for gross negligence manslaughter following fatal errors committed in the course of their work. Unease has long surrounded the use of...
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