Tort 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.

  • Rookes v Barnard
    • House of Lords
    • 21 Enero 1964

    Where a Defendant with a cynical disregard for a Plaintiff's rights has calculated that the money to be made out of his wrong-doing will probably exceed the damages at risk, it is necessary for the law to show that it cannot be broken with impunity.

  • Hedley Byrne & Company Ltd v Heller & Partners Ltd
    • House of Lords
    • 28 Mayo 1963

    Furthermore, if in a sphere in which a person is so placed that others could reasonably rely upon his judgment or his skill or upon his ability to make careful inquiry, a person takes it upon himself to give information or advice to, or allows his information or advice to be passed on to, another person who, as he knows or should know, will place reliance upon it, then a duty of care will arise.

  • Doreen Ann Letang (Respondent) Frank Anthony Cooper (Appellant)
    • Court of Appeal
    • 15 Junio 1964

    If one man intentionally applies force directly to another, the plaintiff has a cause of action in assault and battery, or, if you so please to describe it, in trespass to the person. If he does not inflict injury intentionally, but only unintentionally, the plaintiff has no cause of action to-day in trespass. His only cause of action is in negligence, and then only on proof of want of reasonable care.

  • Three Rivers District Council v Governor and Company of the Bank of England (No. 3)
    • House of Lords
    • 22 Marzo 2001

    The rationale of the tort is that in a legal system based on the rule of law executive or administrative power "may be exercised only for the public good" and not for ulterior and improper purposes: Jones v. Swansea City Council [1990] 1 W.L.R. 54, 85F, per Nourse L.J.; a decision reversed on the facts but not on the law by the House of Lords: [1990] 1 W.L.R. 1453, at 1458.

  • English v Emery Reimbold & Strick Ltd
    • Court of Appeal (Civil Division)
    • 30 Abril 2002

    It follows that, if the appellate process is to work satisfactorily, the judgment must enable the appellate court to understand why the Judge reached his decision. This does not mean that every factor which weighed with the Judge in his appraisal of the evidence has to be identified and explained. But the issues the resolution of which were vital to the Judge's conclusion should be identified and the manner in which he resolved them explained.

  • Kuwait Airways Corporation v Iraqi Airways Company (Nos 4 & 5)
    • House of Lords
    • 16 Mayo 2002

    Conversion of goods can occur in so many different circumstances that framing a precise definition of universal application is well nigh impossible. First, the defendant's conduct was inconsistent with the rights of the owner (or other person entitled to possession). Third, the conduct was so extensive an encroachment on the rights of the owner as to exclude him from use and possession of the goods.

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Legislation
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Chapter IHTM30033
    • HMRC Inheritance Tax Manual
    • HM Revenue & Customs
    ......The liability of an executor de son tort was discussed in IRC v Stype Investments (Jersey) Ltd [1982] Ch 456, CTT Cases No. 15. The Scottish equivalent of executor de son tort is vitious ......
  • Chapter IHTM30031
    • HMRC Inheritance Tax Manual
    • HM Revenue & Customs
    ...... any such person as is mentioned in IHTA84/S199 (4)(a) - broadly an executor de son tort or constructive trustee. Scotland. In Scottish law ‘personal representatives’ has no precise meaning.  It should be regarded as comprising in ......
  • Chapter IHTM10266
    • HMRC Inheritance Tax Manual
    • HM Revenue & Customs
    ......The same position arises where, as a result of tort committed in the United Kingdom by a member of the United States Forces whilst on duty, the deceased’s claim for damages is settled after their ......
  • Chapter IHTM10263
    • HMRC Inheritance Tax Manual
    • HM Revenue & Customs
    ...... (IHTM10265) Compensation under the Fatal Accidents and National Insurance (Industrial Injuries) Acts. (IHTM10266) Ex gratia payments for Tort committed by a member of the Armed Forces of the Crown or the United States’ Forces. (IHTM10267) Ex gratia compensation payments made by the ......
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