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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.
Rhodes v OPO
Rhodes’ application documents to the Supreme Court.
http://www.bindmans.com/documents/Application_to_the_Supreme_Court.pdf
There was extensive media discussion of the case involving the publication of pianist, James Rhoades’ biography. Here is a selection:
James Rhodes interview: ‘It’s important to say that bad things happen – and we don’t lie about it’ The Guardian, 23 May 2015
You can watch the Supreme Court delivering their judgment here: https://www.youtube.com/watch?v=kSjakSwUsdw
Watch James Rhodes talking on Newsnight here:
https://www.youtube.com/watch?v=WhjcoZIRWVE
BBC news, ‘Pianist James Rhodes can publish child abuse memoir’, 20 May 2015: http://www.bbc.co.uk/news/uk-32812448
Case Comment on UKSC blog
http://ukscblog.com/case-comment-mla-v-opo-by-his-litigation-friend-bhm-and-another-2015-uksc-32/
Case Comment on UK Human Rights blog
http://ukhumanrightsblog.com/2015/05/22/je-suis-james-pianist-finally-allowed-to-tell-his-story-of-sexual-abuse/
Other cases in the news and legal blogs
Judges reject police “kettling” human rights appeal, 15 March 2012 (on Austin v UK [2012])
http://www.humanrightseurope.org/2012/03/judges-reject-police-kettling-human-rights-appeal/
Robert Wastell, ‘Kettling: Can a public interest motive justify a deprivation of liberty or not?’ UK Human Rights Blog, 2 April 2012 (on Austin v UK [2012])
http://ukhumanrightsblog.com/2012/04/02/kettling-can-a-public-interest-motive-justify-a-deprivation-of-liberty-or-not-robert-wastell/
Louise Christian, ‘This judgment in favour of kettling is a missed opportunity’ The Guardian, 15 March 2012 (on Austin v UK [2012])
http://www.guardian.co.uk/commentisfree/2012/mar/15/judgment-in-favour-of-kettling
BBC News, ‘Eyewitness: Penned in at Oxford Street’, 1 May 2001 (on Austin v UK [2012])
http://news.bbc.co.uk/1/hi/uk/1307173.stm
Adam Wagner, ‘Secret foreign nationals detention policy was “serious abuse of power”’, UK Human Rights Blog, 23 March 2011 (on Lumba v Secretary of State for the Home Department [2011])
http://ukhumanrightsblog.com/2011/03/23/secret-foreign-nationals-detention-policy-was-serious-abuse-of-power/
Woman sues British Gas for harassment over repeated letters and bills (Ferguson v British Gas [2009])
http://www.telegraph.co.uk/finance/personalfinance/consumertips/4591212/Woman-sues-British-Gas-for-harassment-over-repeated-letters-and-bills.html
Joshua Rozenberg, ‘How British Gas ended up in court for being too heavy-handed with customers’, The Evening Standard, 24 February 2009 (Ferguson v British Gas [2009])
http://www.standard.co.uk/business/how-british-gas-ended-up-in-court-for-being-too-heavyhanded-with-customers-6878749.html
Woman won harassment case against 'bullying bank' (a variation on Ferguson v British Gas)
http://www.telegraph.co.uk/news/uknews/law-and-order/10165902/Woman-won-harrassment-case-against-bullying-bank.html
This report details the decision of the European Court of Human Rights (ECHR) in Wainwright v Home Office [2004] and includes a video about how the family were affected by their treatment by the prison authorities.
http://news.bbc.co.uk/1/hi/england/west_yorkshire/5386280.stm
On the May Day protests in London in 2000/2001, which form the backdrop to Austin v UK
BBC News, ‘Crowds gather for May Day protest’, 1 May 2000 (includes video/audio clips)
http://news.bbc.co.uk/1/hi/uk/731983.stm
BBC News, ‘Violence at May Day protest, 1 May 2000 (includes video/audio clips)
http://news.bbc.co.uk/1/hi/uk/732467.stm
BBC News, ‘Police fear more May Day riots’ 22 February 2001
http://news.bbc.co.uk/1/hi/uk/1184668.stm
BBC News, ‘May day violence warning’, 24 April 2001
http://news.bbc.co.uk/1/hi/uk/1295377.stm
BBC News, ‘Mayday – Police ready to go’, 1 May 2001
http://news.bbc.co.uk/1/hi/world/europe/1305983.stm
BBC News, ‘Picture gallery: May Day protests’, 2 May 2001
http://news.bbc.co.uk/1/hi/uk/1306262.stm
On the Protection from Harassment Act 1997
On the Labour party’s calls in September 2011 for stronger (criminal) laws on ‘stalking’
http://www.bbc.co.uk/news/uk-politics-15047673
Home Office Circular: a change to the Protection from Harassment Act 1997, October 2012
https://www.gov.uk/government/publications/a-change-to-the-protection-from-harassment-act-1997-introduction-of-two-new-specific-offences-of-stalking
Jail for 7 July victim's stalker
http://news.bbc.co.uk/1/hi/england/london/6249594.stm
Stalker laws to block activists
http://news.bbc.co.uk/1/hi/england/cambridgeshire/3185477.stm
The solicitor protestors love to hate
www.bbc.co.uk/insideout/content/articles/2007/10/26/south_solictor_stalking_s12_w7_feature.shtml
‘Paparazzi and the would-be princess: lawyers cry foul after week of chases’, Paul Lewis, 13 January 2007
www.guardian.co.uk/media/2007/jan/13/pressandpublishing.themonarchy
A-Z of legislation: Protection from Harassment Act 1997
http://www.guardian.co.uk/commentisfree/libertycentral/2009/jun/01/liberty-central-protection-harassment
The Protection from Harassment Act on BBC Radio 4’s Women’s Hour
Emily Finch, (then) Lecturer in Law at Reading University, and Quincy Whittaker, Barrister at Doughty Street Chambers discuss the Protection from Harassment Act
www.bbc.co.uk/radio4/womanshour/2001_33_thu_01.shtml
On Harassment and #MeToo
#MeToo, naming and shaming: a risky business? 31 October 2017
https://www.brettwilson.co.uk/blog/metoo-naming-shaming-risky-business/
Martha Chamallas, ‘Will Tort Law Have its #MeToo Moment?’
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3243841
On the 1980s Miners’ Strike
The Miners’ Strike forms the backdrop to Thomas v National Union of Miners [1986]. This page explains the backdrop and consequences of the strike and includes video footage.
http://news.bbc.co.uk/onthisday/hi/dates/stories/march/12/newsid_2540000/2540175.stm
Cases
Austin v UK (Appln nos. 39692/09, 40713/09 and 41008/09) (March 2012)
http://www.bailii.org/eu/cases/ECHR/2012/459.html
R (on the application of Lumba v Secretary of State for the Home Department) [2011]
http://www.bailii.org/uk/cases/UKSC/2011/12.html
Ferguson v British Gas [2009]
http://www.bailii.org/ew/cases/EWCA/Civ/2009/46.html
Iqbal v Prison Officers Association [2009]
http://www.bailii.org/ew/cases/EWCA/Civ/2009/1312.html
Rhodes v OPO [2015]
http://www.bailii.org/uk/cases/UKSC/2015/32.html