Strict Liability in UK Law

Leading Cases
  • Attorney General v Times Newspapers Ltd
    • House of Lords
    • 11 Abril 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.

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

    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.

  • R v Hughes
    • Supreme Court
    • 31 Julio 2013

    To say that he is responsible because he ought not to have been on the road is to confuse criminal responsibility for the serious offence of being uninsured with criminal responsibility for the infinitely more serious offence of killing another person. The escalating offences of common assault, assault occasioning actual bodily harm, and causing grievous bodily harm are but simple examples; there are many more.

  • Cummings v Granger
    • Court of Appeal (Civil Division)
    • 26 Mayo 1976

    The Section is very cumbrously worded and will give rise to several difficulties in future. Those circumstances are "particular circumstances" within Section 2(2) (b). It was "due" to those circumstances that the damage was likely to be severe if an untruder did enter on its territory. Section 2(2)(c): Those characteristics were known to the keeper. It follows that the keeper of the dog is strictly liable unless he can bring himself within one of the exceptions in Section 5.

  • Sedleigh-Denfield v O'Callaghan and Others
    • House of Lords
    • 24 Junio 1940

    A balance has to be maintained between the right of the occupier to do what he likes with his own, and the right of his neighbour not to be interfered with. It is impossible to give any precise or universal formula, but it may broadly be said that a useful test is perhaps what is reasonable according to the ordinary usages of mankind living in society, or more correctly in a particular society.

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Legislation
  • Contempt of Court Act 1981
    • UK Non-devolved
    • 1 de Enero de 1981
    ......assembled, and by the authority of the same, as follows:— . Strict liability . Strict liability. . S-1 . The strict liability rule. 1 The ......
  • Animals Act 1971
    • UK Non-devolved
    • 1 de Enero de 1971
    ......An 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. Strict liability for damage done by ......
  • The Environmental Damage (Prevention and Remediation) (Wales) (Amendment) (No.2) Regulations 2015
    • UK Non-devolved
    • 1 de Enero de 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 Policing and Crime Act 2017 (Consequential Amendments) Regulations 2018
    • UK Non-devolved
    • 1 de Enero de 2018
    ...... when proceedings are no longer ‘active’ for the purposes of the strict liability rule. The amendment to paragraph 7 provides that proceedings in ......
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Books & Journal Articles
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Law Firm Commentaries
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