Liability in Negligence

Liability in Negligence

1. Duty of Care

   • Donoghue v Stevenson (1932)
     • Neighbour Principle
       • Employer to Employees
       • Doctor to Patient
       • Car driver to pedestrian
       • Householder to Neighbour
   • Caparo Industries v Dickman (1990)
     • Is harm reasonably foreseeable?
       • Haley v London Electricity Board (1965)
       • Bourhill v Young (1943)
     • Is the relationship proximate?
       • Watson v British Board of Control (2000)
       • Caparo Industries v Dickman (1990)
     • Is it fair and reasonable to impose a duty of care?
       • Hill v Chief Constable of West Yorkshire (1998)
       • Kent v Griffiths (2000)

2. Breach of Duty

   • Blythe v Birmingham Waterworks Co. (1856)
     • 'Reasonable man' test
       • learner
         • Nettleship v Weston
       • Specialist
         • Bolam v Friern
       • Child
         • Mullins v Richards
   • Factors considered relevant by the court
     • Degree of Foreseeablility
       • Roe v Minister of Health (1954)
     • Size of the risk
       • Bolton v Stone (1951)
     • Importance of the Activity
       • Watt v Hertfordshire County Council (1954)
     • Practicality of Precautions
       • Latimer v AEC (1952)
     • Potential seriousness of the injury
       • Paris v Stepney BC (1951)

3. Damage

   • Causation
     • 'but for' test
     • Barnett v Kensington and Chelsea Hospital (1969)
   • Remoteness of Damage
     • Only losses considered reasonably foreseeable can be recovered
       • Wagon Mound (1961)
     • Type of injury must be reasonably foreseeable not the manner
       • Hughes v Lord Advocate (1963)
     • Precise extent doesn't have to foreseeable
       • Smith v Leech Brain and Co. (1962)

4. The Courts

   • Civil Courts
     • County Courts
       • Most towns and cities
       • District judges
       • Hears contract, tort, divorce, land disputes etc.
       • All small and fast and some multi track cases
     • High Court
       • Based in London but also in 26 cities and towns
       • Any civil case
       • Single judge hears most cases but sometimes jury used
   • How to Pursue a Civil Claim
     • Claimant fills a claim form and pays a court fee
       • Sent to defendant
         • Can accept and pay
         • Can ignore it and an 'order in default' will be made against him
         • Can choose to contest it
     • Allocated to one of the 3 tracks
       • Time limit set for collecting evidence and preparing witness statements
       • Opportunity for pre-trial settlement using ADR
   • Three Tracks
     • Small Claims
       • Personal Injury under £1,000 and other under £15,000
       • Heard by district judges in county court
       • Informal and Inquisitive style
     • Fast track
       • £5,000 to £15,000
       • Open county court under Judge
     • Multi-track
       • Over £15,000
       • Under £25,000 in county
       • Between £25,000 and £50,000 in court they started
       • Over £50,000 in High Court
   • Burden and Standard Proof
   • Res Ipsa Loquitur
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