Tort Law in UK Law

Leading Cases
  • VTB Capital Plc v Nutritek International Corporation
    • Court of Appeal (Civil Division)
    • 20 June 2012

    (1) Section 11 of the 1995 Act sets out the general rule for ascertaining the applicable law of a tort.

    They can include factors relating to the parties' connections with another country, the connections with another country of any of the events which constitute the tort or delict in question or the connection with another country of any of the circumstances or consequences of those events which constitute the tort or delict.

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

    It extends to cases in which the Defendant is seeking to gain at the expense of the Plaintiff some object,—perhaps some property which he covets,—which either he could not obtain at all or not obtain except at a price greater than he wants to put down. Exemplary damages can properly be awarded whenever it is necessary to teach a wrongdoer that tort does not pay.

  • White and Others v Chief Constable of South Yorkshire Police and Others
    • House of Lords
    • 03 December 1998

    It is a non sequitur to say that because an employer is under a duty to an employee not to cause him physical injury, the employer should as a necessary consequence of that duty (of which there is no breach) be under a duty not to cause the employee psychiatric injury: see Hilson, Nervous Shock and Categorization of Victims, [1998] Tort L.R. 37, at 42. The rules to be applied when an employee brings an action against his employer for harm suffered at his workplace are the rules of tort.

  • Boys v Chaplin
    • House of Lords
    • 25 June 1969

    The broad principle should surely be that a person should not be permitted to claim in England in respect of a matter for which civil liability does not exist, or is excluded, under the law of the place where the wrong was committed.

  • M'Alister or Donoghue (Pauper) v Stevenson
    • House of Lords
    • 26 May 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.

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

See all results
Legislation
  • Law Reform (Married Women and Tort-feasors) Act 1935
    • UK Non-devolved
    • January 01, 1935
  • Private International Law (Miscellaneous Provisions) Act 1995
    • UK Non-devolved
    • January 01, 1995
    ... ... provision as to marriages entered into by unmarried persons under a law which permits polygamy; to make provision for choice of law rules in tort and delict; and for connected purposes.[8th November 1995] ... Be it enacted by the Queens most Excellent Majesty, by and with the advice and ... ...
  • Occupiers' Liability Act 1957
    • UK Non-devolved
    • January 01, 1957
    ... ... the operation in relation to the Crown of laws made by the Parliament of Northern Ireland for similar purposes or otherwise amending the law of tort, and for purposes connected therewith ... it enacted by the Queen's most Excellent Majesty, by and ... with the advice and consent of the Lords ... ...
  • Crown Proceedings Act 1947
    • UK Non-devolved
    • January 01, 1947
    ... ... in accordance with the provisions of this Act ... Liability of the Crown in tort. 2 Liability of the Crown in tort ... (1) Subject to the provisions of this Act, the Crown shall ... be subject to all those liabilities in tort ... ...
See all results
Books & Journal Articles
  • Tort Law for Cynics
    • No. 77-5, September 2014
    • The Modern Law Review
    Tort scholars have in recent years defended a ‘traditional’ or ‘idealist’ view of tort law. In the context of negligence this implies that the holder of a duty of care must make an effort not to vi...
  • Tort Law Culture: Image and Reality
    • No. 39-4, December 2012
    • Journal of Law and Society
    This article highlights two contrasting images of tort. The first reflects the traditional portrayal of justice, depicting tort as an independent ‘natural’ system of rules of universal application ...
  • Corrective and Distributive Justice in Tort Law
    • No. 22-6, December 2015
    • Maastricht Journal of European and Comparative Law
    Liability in tort law is traditionally justified by the notion of corrective justice, but what about the role of distributive justice? This simple question brings up fundamental issues, such as exa...
  • Justifying Exceptions to Proof of Causation in Tort Law
    • No. 78-5, September 2015
    • The Modern Law Review
    This article defends a set of exceptions to the general rule in tort law that a claimant must prove that a particular defendant's wrongful conduct was a cause of its injury on the balance of probab...
See all results
Law Firm Commentaries
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT