.png){kind=icon}
Tort law cases often make the news headlines. The purpose of the web links provided here is to fill you in on some of the background to the cases and, occasionally, statutes that you are studying. They include a mixture of video and audio clips, newspaper reports, blog posts, Government reports, case reports and so on. We've also taken the opportunity to include 'updates' where the law has changed or developed since the publication of the book.
In our experience it is often easier to remember the facts or decision of a particular case when you know a bit more about its background - when you can, for example, visualise the parties involved, or picture the accident or event that lead to the claim. We also believe that awareness of the context of a particular case or the passage of a statute can often help students understand – and begin to question – why the decision was reached, or why the introduction of legislation was felt necessary. Our view is that it is important that you experience – and engage with – tort law as a dynamic and fluid process, as a body of progressive rather than static, ahistorical rules. We hope that the links provided here (as well as other things you may link to from them) will help you do this and that they will give you a sense of historical perspective and an insight into the role of the context and history in the development of legal doctrine.
We've done our best to ensure that the links are as extensive as possible but the links are (obviously) not exhaustive. We urge you to make keep an eye on developments both in tort and other areas of law by reading good legal blogs as well as the law pages of quality newspapers online.
Of course, we also know that on occasions (particularly when a deadline is pressing) these sort of additional materials (as well as the others included on our online resources) can prove to be a bit of a distraction. These links are intended to supplement your studies. They are not an alternative to the harder work of reading the text book, academic commentary, and cases. In fact, there is no excuse for not reading the cases. Within these web links we've provided deep links on BAILLI to a selection of key cases from each chapter, and we encourage you to put your background reading, watching, and surfing to good use by reading these in full so that you gain a deeper understanding of the issues they raise.
On English Heritage v Taylor [2016]
Nicola Harley, ‘Historic sites could be littered with 'irritating' warning signs after pensioner fell in moat’ The Telegraph ,12 May 2016
http://www.telegraph.co.uk/news/2016/05/12/historic-sites-could-be-littered-with-irritating-warning-signs-a/
On Edwards v London Borough of Sutton [2016]
Occupiers; Liability and highways claims converge: https://1chancerylane.com/occupiers-liability-and-highways-claims-converge/
Court of Appeal underlines that occupiers of premises are not always liable for damages after an accident
http://www.penningtons.co.uk/news-publications/latest-news/2016/court-of-appeal-underlines-that-occupiers-of-premises-are-not-always-liable-for-damages-after-an-accident/
For an interesting discussion of an unusual example of a case in which absence of warning signs was held to be causative of a slipping accident see http://documents.lexology.com/fdfe7b16-ca1d-4942-8bd0-80ca28fe0043.pdf
On Cahill v Pollock [2015] EWHC 2260
BBC News, ‘Blind adventurer Mark Pollock suing friends over window fall’, 24 July 2015
http://www.bbc.co.uk/news/uk-northern-ireland-33652474
‘Couple sued by Mark Pollock fail to overturn £2m award’, The Irish Times 10 May 2016
http://www.irishtimes.com/news/crime-and-law/couple-sued-by-mark-pollock-fail-to-overturn-2m-award-1.2642465
On the implications of Tomlinson v Congleton Borough Council
Hardy bathers win right to swim unsupervised, Clare Dyer, The Guardian, 27 April 2005
www.guardian.co.uk/uk/2005/apr/27/claredyer
Playing the blame game, Simon Jenkins, The Times, 8 October 2004
www.timesonline.co.uk/tol/comment/columnists/guest_contributors/article491731.ece
[Now behind a pay wall - check to see if your institution has a subscription – otherwise you should be able to find the article using a database like LexisNexis]
On Revill v Newberry
Trespasser can claim damages for injuries – Independent Law Report, 10 November 1995
http://www.independent.co.uk/news/people/trespasser-can-claim-damages-for-injuries-1581241.html
Matthew Flynn ‘Do Burglars have Human Rights?’ UK Human Rights blog, 4 April 2011
A blog post exploring the long tradition of legal protection offered by the English common law to burglars, including a discussion of Revill v Newberry:
http://ukhumanrightsblog.com/2011/04/04/do-burglars-have-human-rights/
The law explored: self defence, Garry Slapper, The Times, 3 October 2007
http://business.timesonline.co.uk/tol/business/law/columnists/gary_slapper/article2581201.ece
[Now behind a pay wall - check to see if your institution has a subscription – otherwise you should be able to find the article using a database like LexisNexis]
On Occupiers’ Liability generally
Rambler’s case may spur change in liability law, John Burns, The Times, 23 May 2004 – why don’t you see if you can find out what happened next?
www.timesonline.co.uk/tol/news/world/ireland/article430370.ece
[Now behind a pay wall - check to see if your institution has a subscription – otherwise you should be able to find the article using a database like LexisNexis]
Home Front: Be a thorn in the side of burglars, Ben Rooney, The Times, 17 November 2002 – a light-hearted look at how to protect your home from burglars within the limitations of the OLA 1984
http://property.timesonline.co.uk/tol/life_and_style/property/article828915.ece
[Now behind a pay wall - check to see if your institution has a subscription – otherwise you should be able to find the article using a database like LexisNexis]
Cases and statutes
Tomlinson v Congleton Borough Council [2003]
www.bailii.org/uk/cases/UKHL/2003/47.html
Occupiers’ Liability Act 1957
http://www.legislation.gov.uk/ukpga/Eliz2/5-6/31/contents
Occupiers’ Liability Act 1984
http://www.legislation.gov.uk/ukpga/1984/3/contents