Category Archives: Tort

Erik Olsen, ‘The Tort of Negligent Investigation: Canada’s Recognition of the Tort as a Model for Improving Compensation for the Wrongfully Convicted’

“… This note describes Canada’s tort of negligent investigation, argues that exonerees in the United States would benefit from access to such tort liability, and explains where the tort could and could not fit into American law. In Part I, this note discusses the Supreme Court of Canada’s Hill v Hamilton-Wentworth Regional Police Services Board […]

‘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 […]

‘New Judgment: FS Cairo (Nile Plaza) LLC (Appellant) v Brownlie (Respondent) [2021] UKSC 45′

“On appeal from: [2020] EWCA Civ 996. The Supreme Court dismissed the appeal. In January 2010 the respondent and their husband were on holiday in Egypt. They stayed at the Four Seasons Hotel Cairo at Nile Plaza. On 3 January 2010, they went on a guided driving tour booked through the hotel. The vehicle they […]

Kotzé and Boggenpoel, ‘Living Together as Neighbours: Rethinking the Reasonableness Standard in Nuisance Law Under the Constitution’

ABSTRACT The Covid-19 pandemic, with its concomitant ‘stay at home’ catchphrase, has certainly made living together as neighbours in a constitutional dispensation more tangible. Conflicts between neighbours will inevitably increase, especially in a time when citizens from different social, cultural, customary or religious backgrounds and with different rights and interests are restricted to the boundaries […]

‘Book of Tort Liability, Civil Code of the People’s Republic of China’: Online Seminar, 27 November 2021

The World Tort Law Society is to hold a special webinar via zoom on 27 November 2021 from 12pm-3pm GMT (8pm-11pm Beijing Time). The webinar will start by Professors Zhu Wang and Hongjie Man introducing what changes the Code has made in the Book on Tort Liabilities compared to its predecessor, namely Tort Liability Law (2009), […]

Emily Ireland and Cerian Griffiths, ‘Investigations in Fraud and Finance’, online, 28 October 2021

Emily Ireland (University of Liverpool): ‘Married Women, Equity, and the South Sea Crash: An examination of femes coverts’ management of stocks and shares, 1720-40’. Despite the infamy of the 1720 South Sea Bubble, relatively little is known about its impact on female investors. In particular, married women who held and managed South Sea Company stocks […]

‘False Necessity and the Political Morality of Tort Law’

Sandy Steel, On the Moral Necessity of Tort Law: The Fairness Argument, 41 Oxford Journal of Legal Studies 192 (2021). The language of private law is the language of rights, duties, and obligations. There is a long tradition of thought that interprets that language as the reflection of private law’s foundations, and that therefore reads […]

Heise and Sherwyn, ‘Sexual Harassment: A Doctrinal Examination of the Law, An Empirical Examination of Employer Liability, and A Question About NDAs – Because Complex Problems Do Not Have Simple Solutions’

ABSTRACT The #MeToo movement casts critical light on the pervasive nature of sexual harassment, particularly in the employment context, and continues to motivate a number of initiatives that address important social and workplace ills. The problems this movement has uncovered, however, run much deeper and likely exceed the scope and capacity of many of the […]

‘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 […]