Tort of Negligence in UK Law
- A Lost Chance for Compensation in the Tort of Negligence by the House of Lords
- The Random Element of their Lordships' Infallible Judgment: An Economic and Comparative Analysis of the Tort of Negligence from Anns to Murphy
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Defining Damage in the House of Lords
This comment examines the recent House of Lords decision in Rothwell v Chemical and Insulating Co Ltd. It concludes that despite seeming unsympathetic to claimants, the decision is to be welcomed f...... ... is to be wel- comed for the clarity it brings to the tortof negligence by de¢ning the concept of damage more precisely ... The recent d ecision of ... bodydoes not automa ticallyconstitute damagefor the purposes of the tort of negligence ... Lord Ho¡mann drew the distinct ion between neglig ence ... ...
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REVIEWS
Fridman on Torts Charlesworth & Percy on Negligence (8th ed)... ... Charlesworth & Percy on Negligence (8th ed), London: Sweet & Maxwell, 1990, clix + 1190 pp and dex, hb f135.00. The law of tort is a subject which is, generally speaking, well-served by ... ...
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Can mere incompetence constitute a breach of fiduciary duty?
... ... that the courts are likely to place incompetence under negligence in tort or the breach of a general duty of care, as is evidenced by the ... ...
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Negligent False Imprisonment – Scope for Re‐emergence?
... ... , the Court of Appeal held that there was no duty of care in negligence on the part of the Immigration Service to avoid carelessly continued ... recognised and compensable ‘damage’ for the purposes of the tort of negligence. 2 The Court held that where public bodies acted pursuant to ... ...
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The Rule in Wilkinson v Downton: Conduct, Intention, and Justifiability
The decision in OPO v MLA [2014] EWCA Civ 1277 causes confusion to the rule in Wilkinson v Downton. A strong line of authorities indicates that the defendant must either have an actual intention to...... ... can be taken into account to preclude an application of the tort. This criterion ought to be developed in a principled manner, in line with ... significance, particularly due to the expansion of the tort of negligence to cover primary victims who suffer nervous shock 3 and the passing of the ... ...
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THE TERMINATION OF LIFE‐SUPPORT MEASURES AND THE LAW OF MURDER
... ... In the tort of negligence, a doctor will be liable for an omission to ... ...
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A Re‐Examination of Remoteness
... ... reopcned the thorny problem of remoteness of damage in tort. As leave to appeal to the House of Lords has been granted, ... and especially with reference to the tort of negligence. It is essential to decide at the outset whether a legal ... ...
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Dust on the Streets and Liability for Environmental Cancers
... ... cases have generated a substantial number of compensation claims in tort by injured workers and their dependants. 6 The Margereson and Hancock ... In terms of pursuing a negligence action, this aspect of the case made it unusually promising for the ... ...
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