Fowler v Lanning

JurisdictionEngland & Wales
CourtQueen's Bench Division
Date1959
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32 cases
  • Wilson v Pringle
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 26 March 1986
    ...that the onus of proof in an action for trespass is on the plaintiff, a matter which was eventually clearly decided by Diplock J. in Foster v Lanning (1959) 1 Q.B. 13Cases in the nineteenth century such as Stanley v Powell (1891) 1 Q.B. 86 (a shooting accident) and Holmes v Mather LR 10 ......
  • Chic Fashions (West Wales) Ltd v Jones
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 12 December 1967
    ...tended towards equating civil liability with conduct which right minded men in contemporary society would regard as blameworthy (see Fowler v. Lanning, Letang v. Cooper) and towards protecting those who act reasonably in intended performance of what rightminded men would deem a duty to thei......
  • Doreen Ann Letang (Respondent) Frank Anthony Cooper (Appellant)
    • United Kingdom
    • Court of Appeal
    • 15 June 1964
    ...and causing damage, it is the tort of negligence. 10The modern law on this subject was well expounded by my brother Diplock in Fowler v. Lanning in 1959 1 Queen's Bench, with which I fully agree. But I would go this one step further: When the injury is not Inflicted intentionally, but negli......
  • Stingel v Clark
    • Australia
    • High Court
    • 20 July 2006
    ...it is proposed to enforce.’ 47 Further, in McHale v Watson46, Windeyer J demonstrated that, contrary to the view taken by Diplock J in Fowler v Lanning47, in an action for trespass to the person by a blow or missile it was for the defendant to aver and prove the absence of intent and neglig......
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1 books & journal articles
  • A tort of invasion of privacy in Australia?
    • Australia
    • Melbourne University Law Review Vol. 29 Nbr. 2, August 2005
    • 1 August 2005
    ...Reports [paragraph] 81-706, 64 187. (180) Platt v Nutt (1988) 12 NSWLR 231 ; Hutchins v Maughan [1947] VLR 131. (181) Fowler v Lanning [1959] 1 QB 426. (182) [2005] 1 NZLR 1, (183) Ibid. (184) [2003] VSC 368 (Unreported, Osborn J, 2 October 2003) [7]. (185) Ibid [86]. (186) Ibid [93]. (187)......

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