Strict Liability in UK Law

Leading Cases
  • Attorney General v Times Newspapers Ltd
    • House of Lords
    • 11 April 1991

    One particular form of contempt by a party to proceedings is that constituted by an intentional act which is in breach of the order of a competent court. Where this occurs as a result of the act of a party who is bound by the order or of others acting at his direction or on his instigation, it constitutes a civil contempt by him which is punishable by the court at the instance of the party for whose benefit the order was made and can be waived by him.

  • Read v J. Lyons & Company Ltd
    • House of Lords
    • 18 October 1946

  • Cambridge Water Company v Eastern Counties Leather
    • House of Lords
    • 09 December 1993

    Seen in its context, there is no reason to suppose that Blackburn J. intended to create a liability any more strict than that created by the law of nuisance; but even so he must have intended that, in the circumstances specified by him, there should be liability for damage resulting from an isolated escape.

    Of course, although liability for nuisance has generally been regarded as strict, at least in the case of a defendant who has been responsible for the creation of a nuisance, even so that liability has been kept under control by the principle of reasonable user — the principle of give and take as between neighbouring occupiers of land, under which "

    Like the Judge in the present case (p. 50E), I incline to the opinion that, as a general rule, it is more appropriate for strict liability in respect of operations of high risk to be imposed by Parliament, than by the courts. If such liability is imposed by statute, the relevant activities can be identified, and those concerned can know where they stand. Furthermore, statute can where appropriate lay down precise criteria establishing the incidence and scope of such liability.

    But if the words are extended to embrace the wider interests of the local community or the general benefit of the community at large, it is difficult to see how the exception can be kept within reasonable bounds.

  • Transco Plc v Stockport Metropolitan Borough Council
    • House of Lords
    • 19 November 2003

    It must be shown that the defendant has done something which he recognised, or judged by the standards appropriate at the relevant place and time, he ought reasonably to have recognised, as giving rise to an exceptionally high risk of danger or mischief if there should be an escape, however unlikely an escape may have been thought to be.

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Legislation
  • Contempt of Court Act 1981
    • UK Non-devolved
    • January 01, 1981
    ... ... Strict liability ... 1: The strict liability rule ... In this Act the strict ... ...
  • Animals Act 1971
    • UK Non-devolved
    • January 01, 1971
    ... ... Act 19711971 c.22An Act to make provision with respect to civil liability for damage done by animals and with respect to the protection of livestock ... Strict liability for damage done by animals ... 1: New provisions as to strict ... ...
  • The Environmental Damage (Prevention and Remediation) (Wales) (Amendment) (No.2) Regulations 2015
    • Wales
    • January 01, 2015
    ... ... /ECof the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage ... the 2009 Regulations, by reference to which activities will attract strict liability. The nature of the activities captured in the list is not ... ...
  • The Nuclear Installations (Liability for Damage) Order 2016
    • UK Non-devolved
    • January 01, 2016
    ... ... The 1965 Act imposes a strict liability regime on operators of nuclear licensed sites for injury or damage caused by a nuclear occurrence, and it requires operators to have in ... ...
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Books & Journal Articles
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Law Firm Commentaries
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