Category Archives: Negligence

James Goudkamp, ‘From strict liability to fault liability in the law of torts’

“The concepts of strict liability and fault liability have long dominated debates regarding the law of torts and continue to do so. Anthony Gray’s engaging monograph, The Evolution from Strict Liability to Fault in the Law of Torts is, however, the first book-length treatment of the two forms of responsibility. Its ultimate purpose, as is […]

Jaffer and Reed-Berendt, ‘Defining the boundaries of Montgomery: a Scottish approach’

“The UK Supreme Court case of Montgomery v Lanarkshire Health Board is often hailed as a seminal case in medical negligence, marking a shift toward patient-centric decision-making in healthcare. Yet questions continue to be asked about the scope and implications of the ruling. In this case note, we discuss how Montgomery has been interpreted in […]

Rossi and Panfil, ‘Climate Resilience and Private Law’s Duty to Adapt’

ABSTRACT This Article presents a historical, evidentiary, and normative case for a private negligence tort against public utilities for failure to adjust operational and planning decisions to new conditions brought about by climate change. As an extension of the traditional utility duty to serve, the tort duty to adapt includes obligations of reasonable notice of […]

Carter, Mossialos, Redhead and Papalois, ‘Clinical negligence cases in the English NHS: uncertainty in evidence as a driver of settlement costs and societal outcomes’

ABSTRACT The cost of clinical negligence claims continues to rise, despite efforts to reduce this now ageing burden to the National Health Service (NHS) in England. From a welfarist perspective, reforms are needed to reduce avoidable harm to patients and to settle claims fairly for both claimants and society. Uncertainty in the estimation of quanta […]

Nanci Carr, ‘Raising Corporate Consciousness of Employer Liability for Video Zoom While Driving’

ABSTRACT Imagine that you have logged onto a video Zoom meeting, and you notice that one of the participants is driving. He fumbles with the phone, trying to align the camera with his face, looking from the phone to the road ahead. Other participants on the call either say nothing or thank him for being […]

Auckland and Goold, ‘Offsetting damages in wrongful conception and birth cases: a way through the post-McFarlane mire’

“‘You can offset apples against apples, and pears against pears, but not apples against pears’ (Lord Toulson, Lee v Taunton and Somerset NHS Trust). The House of Lords’ refusal to award damages for the cost of raising children born as a result of negligence has rightly been subject to substantial criticism. Much of this has […]

Kumaralingam Amirthalingam, ‘Clinical negligence and relational psychiatric injury’

“In delivering his opinion in Donoghue v Stevenson [1932] AC 562; [1932] All ER Reports 1, Lord Atkin used the neighbour principle as a metaphor to explain existing case law; it was not intended as a heuristic device for judicial expansion of the law of negligence. A legal neighbour is someone ‘so closely and directly […]

David Howarth, ‘Six Questions in Search of a Tort: Has The Supreme Court Transformed Negligence?’

“A persistent question in the tort of negligence is whether defendants who have breached their duty of care should be held responsible for every aspect of the difference between the claimant’s position before and after the breach. The law supposedly offers restitutio in integrum – restoring claimants so far as achievable through money to where […]

Chang Wen Yee and Joel Soon, ‘Doomed to die? Causation in medical negligence’

“When lawyers research and prepare for trial, it is often tempting to search for and select favourable statistical evidence in support of their arguments. However, the Singapore Court of Appeal decision in Foo Chee Boon Edward v Seto Wei Ming (Seto) serves as an important reminder that courts would not be persuaded by mere dint […]

Helen Evans, ‘Professional negligence in 2021: the year in review’

“The most high-profile case of the year was the Supreme Court’s judgment in Manchester Building Society v Grant Thornton, [2021] UKSC 20, [2021] 3 WLR 81. That case returned to a perennial problem that often emerges in professional negligence cases, namely, the extent to which a defendant should be held liable for the consequences of […]