Category Archives: Tort

‘Case Preview: Hastings v Finsbury Orthopaedics Limited and Another

“The appeal was heard by the UK Supreme Court on 28 April 2022. In this case, Mr Hastings appeals against the findings of the lower courts in Scotland that the metal-on-metal prosthesis used for his total hip replacement was not defective within the terms of the Consumer Protection Act 1987 …” (more) [Sophie Malley, UK […]

‘Judge Refuses To Strike Out Action On The Basis Of “Illegality”: The Claimant Was Not Capable Of Committing “Criminal” Acts’

“For the second time today I am writing about a case where the court has refused to strike out a statement of case. In Lewis-Ranwell v G4S Health Services (UK) Ltd and others [2022] EWHC 1213 (QB) Mr Justice Garnham refused to strike out a case where the defendant alleged illegality. The claimant had been […]

‘Proving Things 233: Assessing Evidence After 14 Years: The Cruel Concept Of Causation In Medical Negligence’

“This blog has looked many times at issues relating to witness evidence and the judicial approach when hearing evidence of matters that happened a considerable time before trial. The difficulties are made clear in the judgment of HHJ Emma Kelly in Richins v Birmingham Women’s and Children’s NHS Foundation Trust [2022] EWHC 847 (QB). This […]

Samuel Beswick, ‘Tort Law: Cases and Commentaries

ABSTRACT The law of obligations concerns the legal rights and duties owed between people. Three primary categories make up the common law of obligations: tort, contract, and unjust enrichment. This coursebook provides an introduction to tort law: the law that recognises and responds to civil wrongdoing. The material is arranged in two parts. Part I […]

Brandon Schaufele, ‘Chilling Effects from Anti-SLAPP Laws’

ABSTRACT Anti-SLAPP legislation has proliferated across the US and Canada. SLAPPs are ‘strategic lawsuits against public participation’, private claims whose objective is to chill opposition by limiting parties’ ability to participate in public debate. SLAPPs involve a complementarity between a private harm, typically the tort of defamation, and an extra-judicial project, often a real estate […]

Taylor Drye, ‘Along Came a Spider: Tortious Interference by a Parent Corporation with a Subsidiary’s Contract in the Age of Streaming’

ABSTRACT Using actress Scarlet Johansson’s lawsuit against Disney as an analytical device, this comment examines whether a parent corporation is privileged to interfere with a subsidiary’s contract. The comment includes a deep exploration of the history and development of the law of tortious interference by tracing its influences back to its earliest roots. Beginning with […]

‘The Remit of Responsibility for a Tree Falling on to a Public Highway’

“There was no doubting that it was a ‘cruel combination of circumstances’ when a cherry tree that had been growing on land immediately adjacent to a dual carriageway, suddenly fell directly onto Mr Hoyle’s car the exact moment he was driving past. Mr Hoyle sadly died at the scene. A claim under the Fatal Accidents […]

Tsui and Wong, ‘Duty to Rescue? No Duty to Rescue? Shall you Pay for it?’

ABSTRACT This article is divided into three parts: The first part discusses the principle of the ordinary law, inter alia, under the law of tort, in particular, why it is not appropriate to impose on persons without presumed duties to be responsible for death of certain individuals under some instances. The second part discusses why […]

Julie Campbell, ‘A Reliability Check on Expert Witness Testimony in Medical Malpractice Litigation: Mandatory Medical Simulation’

ABSTRACT Leading scholars have claimed that the medical malpractice system is working based on studies that estimate the error rate – the rate at which juries come to the wrong conclusion and erroneously hold a provider liable – to be less than twenty percent. But the injured plaintiff, who tends to lose a potentially meritorious […]

Catherine Sharkey, ‘Common Law Tort as a Transitional Regulatory Regime: A New Perspective on Climate Change Litigation’

ABSTRACT This book chapter explores how common law (state or federal) tort law evolves to fill regulatory voids. Particularly in areas that pose emerging, and incompletely understood, health and safety risks, common law tort liability holds out the potential for a dynamic regulatory response, one that creates incentives to develop additional information about potential risks […]