Category Archives: Negligence

‘Occupiers’ Liability and Mental State: Trespassers Who Change Their Minds’

“The High Court recently considered the meaning of ‘trespassers’ and the relevance of a person’s state of mind and intention for the purposes of the Occupiers’ Liability Act 1984 in the case of Ovu v London Underground Ltd [2021] EWHC 2733 (QB). Judgment was handed down on 13 October 2021. On a freezing cold night […]

Alicke and Weigel, ‘The Reasonable Person Standard: Psychological and Legal Perspectives’

ABSTRACT In criminal cases of self-defense and provocation, and civil cases of negligence, culpability is often decided with reference to how a reasonably prudent person (RPP) would have behaved in similar circumstances. The RPP is said to be an objective standard in that it eschews consideration of a defendant’s unique background or characteristics. We discuss […]

‘The Duty of Care Owed to a Trespasser: A Tragic Case Considered by the Courts’

“In Ovu v London Underground Ltd (duty of care) [2021] EWHC 2733 (QB) Master McCloud considered the duty of care owed to a trespasser. Her judgment starts with a reminder that this is a case about the death of a young man and involves a bereaved family. ‘With most things in the Law, cases have […]

‘Breach of Duty and Hospital Guidelines: Thorley v Sandwell and West Birmingham Hospitals NHS Trust [2021] EWHC 2604 (QB)’

“This case considered the interplay between hospital guidelines and breach of duty in the clinical negligence setting. In summary, the Court found that: The guideline relied upon by the Claimant did not apply to the procedure that he underwent. In any event, even if it did apply: (a) Derogation from the guideline was not negligent […]

‘Duty of Care: Improving the Possible’: Roderick Bagshaw, Current Legal Problems Lecture Series, Zoom, 21 October 2021 6pm

The general focus of this lecture is the approach that courts use to identify whether a defendant owed a duty of care to a claimant and can therefore be held liable in the tort of negligence (provided that the other requirements for that tort – a breach of the duty having caused an actionable form […]

Nicholas McBride, ‘Between Chaos and Cosmos: Tony Weir in The Cambridge Law Journal

ABSTRACT This article surveys Tony Weir’s case notes and book reviews for the Cambridge Law Journal between 1963 and 2002 in order to illuminate Tony’s unique genius as a legal academic and thinker. Reading Tony’s case notes and book reviews reveals that he cannot be characterised as either a ‘lumper’ (someone who seeks to reduce […]

‘“Negligent” London firm defeats £12m claim for lack of causation’

“Leading London law firm Withers has fought off a £12m claim on the basis of causation after the High Court ruled that it gave negligent advice to a property developer. However, His Honour Judge Pelling QC, sitting as a High Court judge, found that the firm gave negligent advice on a settlement agreement, leading to […]

Megan Wright, ‘Resuscitating Consent’

ABSTRACT The scholarly focus on autonomy and healthcare decision making largely has been on information about medical treatment, and much less attention has been paid to the issue of consent to medical treatment. Indeed, there is an assumption in the law, bioethics, and clinical literature that if a patient has complete information and understanding about […]

Hidenori Takahashi, ‘Justice Delayed is Justice Denied: Strategic Settlements in Medical Malpractice Lawsuits’

ABSTRACT Delayed justice jeopardizes the function of a just and fair system, disturbing the balance of bargaining powers among litigants in negotiating settlement agreements. We empirically demonstrate that delayed justice brings about heterogeneous responses in the timing of a settlement: the hazard rate of settlement with compensation rises whereas the hazard rate of settlement without […]

Kumaralingam Amirthalingam, ‘The Bolam Standard and Surgical Negligence’

INTRODUCTION The Supreme Court of Canada’s judgment in Armstrong v Ward is remarkable for its brevity and significant for its impact on the application of the standard of care in surgical negligence cases. Dismissing an appeal from the Court of Appeal of Ontario in two sentences, the Supreme Court endorsed the reasoning of the dissenting […]