Negligence Duty of Care in UK Law

Leading Cases
  • Elguzouli-Daf v Commissioner of Police of the Metropolis; McBrearty v Ministry of Defence
    • Court of Appeal (Civil Division)
    • 16 Noviembre 1994

    While it is always tempting to yield to an argument based on the protection of civil liberties, I have come to the conclusion that the interests of the whole community are better served by not imposing a duty of care on the CPS. It would in some cases lead to a defensive approach by prosecutors to their multifarious duties. It would introduce a risk that prosecutors would act so as to protect themselves from claims of negligence.

  • 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.

  • McLoughlin v O'Brian
    • House of Lords
    • 06 Mayo 1982

    Yet an anxiety neurosis or a reactive depression may be recognisable psychiatric illnesses, with or without psychosomatic symptoms. So, the first hurdle which a plaintiff claiming damages of the kind in question must surmount is to establish that he is suffering, not merely grief, distress or any other normal emotion, but a positive psychiatric illness.

  • 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.

  • Wooldridge v Sumner
    • Court of Appeal
    • 04 Junio 1962

    The maxim in English law presupposes a tortious act by the defendant. The consent that is relevant is not consent to the risk of Injury butconsent to the lack of reasonable care that may produce that risk (see Kelly v. Tarrants Ltd. 1954 Northern Ireland Reports page 41 per Lord MacDermott at page 45) and requires on the part of the plaintiff at the time at which he gives his consent full knowledge of the nature and extent of the risk that he ran.

  • Brooks v Metropolitan Police Commisioner
    • House of Lords
    • 21 Abril 2005

    Whilst focusing on investigating crime, and the arrest of suspects, police officers would in practice be required to ensure that in every contact with a potential witness or a potential victim time and resources were deployed to avoid the risk of causing harm or offence. Such legal duties would tend to inhibit a robust approach in assessing a person as a possible suspect, witness or victim.

  • M and Another v London Borough of Newham and Others; X and Others v Bedfordshire County Council
    • House of Lords
    • 29 Junio 1995

    We were not referred to any category of case in which a duty of care has been held to exist which is in any way analogous to the present cases. To my mind, the nearest analogies are the cases where a common law duty of care has been sought to be imposed upon the police (in seeking to protect vulnerable members of society from wrongs done to them by others) or statutory regulators of financial dealings who are seeking to protect investors from dishonesty.

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Legislation
  • Space Industry Act 2018
    • UK Non-devolved
    • 1 de Enero de 2018
    ... ... with a view to securing public safety.That duty has priority over the application of subsections ... are recoverable without proof of negligence or intention or other cause of action, as if the ... the person or body is in breach of a duty of care owed under the law of negligence, and(b) the ... ...
  • Criminal Justice and Courts Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... wilful neglect by a person providing health care or social care; to create an offence of the ... amounts to a gross breach of a relevant duty of care owed by the care provider to the ... —(a) a duty owed under the law of negligence, or(b) a duty that would be owed under the law of ... ...
  • Latent Damage Act 1986
    • UK Non-devolved
    • 1 de Enero de 1986
  • Unfair Contract Terms Act 1977
    • UK Non-devolved
    • 1 de Enero de 1977
    ... ... for breach of contract, of for negligence or other breach of duty, can be avoided by means ... terms of a contract, to take reasonable care or exercise reasonable skill in the performance ... ...
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Law Firm Commentaries
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