Introduction to the tort of negligence

Much of tort law is shaped by the political, social and economic context of the time in which the various cases were decided. Many of these events occurred when the vast majority of you were either very young – or not even born! Below are a links to video and news clips of some of the most important events discussed in this chapter and at various points in the book.

Warning: these links contain material which some may find distressing.

From the BBC News archives

On This Day: 8 October 1987 – the Zeebrugge disaster
http://news.bbc.co.uk/onthisday/hi/dates/stories/october/8/newsid_2626000/2626265.stm

On This Day: 18 November 1987 – the King's Cross underground fire
http://news.bbc.co.uk/onthisday/hi/dates/stories/november/18/newsid_2519000/2519675.stm

On This Day: 16 July 1988 – the Piper Alphaoil rig fire
http://news.bbc.co.uk/onthisday/hi/dates/stories/july/6/newsid_3017000/3017294.stm
http://news.bbc.co.uk/1/hi/scotland/north_east/7469098.stm

On This Day: 15 April 1989: Football fans crushed at Hillsborough
http://news.bbc.co.uk/onthisday/hi/dates/stories/april/15/newsid_2491000/2491195.stm

On This day: Themes: Margaret Thatcher
A large collection of archived video and audio footage – as well as BBC new reports
http://news.bbc.co.uk/onthisday/hi/themes/politics_and_protest_uk/politicians/margaret_thatcher/

Donoghue v Stevenson

An ‘alternative’ take on the famous case
http://www.youtube.com/watch?v=bZCaSgZDALQ

X, Y (Protected parties represented by their litigation friend the Official Solicitor) v London Borough of Hounslow

The following links will give you some of the background and academic discussion of the case

On the council's appeal against the decision in X, Y
http://news.bbc.co.uk/1/hi/england/london/7771381.stm

On the Court of Appeal’s decision

http://news.bbc.co.uk/1/hi/england/london/7979117.stm

A blog post discussing the Court of Appeal decision
http://nearlylegal.co.uk/blog/2009/04/the-end-of-the-road/

A blog post discussing the ECtHR application – Caroline Cross, ‘Was local authority responsible for harassment campaign against vulnerable adults?’ 25 November 2010
http://ukhumanrightsblog.com/2010/11/25/was-local-authority-responsible-for-harassment-campaign-against-vulnerable-adults/

Newspaper report on the ECtHR’s decision to strike out X&Y’s application after they agreed to a £70K settlement
http://www.insidehousing.co.uk/legal/government-pays-%E2%82%AC70k-to-end-%E2%80%98torture%E2%80%99-case/6517059.article

An interview with one of the survivors of the Piper Alpha Oil disaster from the Today programme, 5 July 2008
http://news.bbc.co.uk/today/hi/today/newsid_7491000/7491202.stm

Note: the ECtHR struck out X&Y’s application after they agreed to a £70K settlement

X, Y & Z v the United Kingdom - 32666/10 [2011] ECHR 1199 (5 July 2011) (ECtHR)
http://www.bailii.org/eu/cases/ECHR/2011/1199.html

The case is discussed in the Journal of Housing Law Volume 12 Issue 1, 2009 (A Landlord’s Liability for the Acts of its Tenants: X v Hounslow LBC and Mitchell v Glasgow City Council, Faisel Sadiq and Justin Bates).

Cases

In 50 mins of the most compelling advocacy Simeon Maskrey QC addresses the UKSC on negligence entirely from first principles with barely any authority mentioned – first part of the hearings on Darnley in the UKSC: https://www.supremecourt.uk/watch/uksc-2017-0070/070618-am.html

Listen to ‘Debrief' - a series of podcasts from Kings Chambers’ clinical negligence and personal injury group.   The Supreme Court’s decision in Darnley v Croydon held an NHS Trust liable after a receptionist in Accident and Emergency gave misleading information to a patient about the likely waiting time to be seen. Nigel Poole QC, Helen Mulholland and Richard Livingston discuss: https://www.kingschambers.com/resources-and-training/kings-chambers-podcast

Donoghue v Stevenson
http://www.bailii.org/uk/cases/UKHL/1932/100.html

X, Y (Protected parties represented by their litigation friend the Official Solicitor) v London Borough of Hounslow (QBD)
www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/QB/2008/1168.html

X, Y (Protected parties represented by their litigation friend the Official Solicitor) v London Borough of Hounslow (CA)
http://www.bailii.org/ew/cases/EWCA/Civ/2009/286.html

X, Y & Z v the United Kingdom - 32666/10 [2011] ECHR 1199 (5 July 2011) (ECtHR)
http://www.bailii.org/eu/cases/ECHR/2011/1199.html

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