Charlesworth & Percy on Negligence offers unrivalled depth of analysis into the tort of negligence. The foremost guide to this complex area of the law, the book provides an exhaustive reference for practitioners and academics. Students and practitioners will find comprehensive and practical case law illustrations in relation to every point and an unparalleled analysis of Commonwealth authority.
Key Features:
- Sets out comprehensively the general principles, covering duty of care and liability issues under the tort of negligence
- Shows how the principles developed through the application of the common law and explains how the law of negligence has been applied in the UK and Commonwealth jurisdictions
- Explains the duty to take care, when it exists, between what parties it exists and to assess quickly if a cause for action exists
- Explains what remedies may be available, including damages and investigates the remoteness of damages as a remedy
- Explains the burden of proof in negligence cases
- Demonstrates the defences and discharges from liability
- Demonstrates the standard of care principle in relation to persons professing some special skill, highways and transport, employee employer relationship
- Provides an essential reference for every negligence case whether it is to do with personal injury including resulting in death, property, product liability and injury caused by animals and death
- Differentiates between absolute and strict liability
- Includes up-to-date statutory duties which means you will know exactly how recent changes apply
- Shows, through a detailed analysis of case law, how the principles work in specific situations and sets out the implications of new developments to help you take a view on your particular case
Building on the excellence of previous editions, the 15th edition focuses on the considerable body of new case law that has emerged since the previous edition to name a few below:
In the Supreme Court
- Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 20 – examining the fundamental ingredients of the modern tort of negligence and the significance of the scope of a defendant’s duty of care in relation to issues of both duty and causation.
- Khan v Meadows [2021] UKSC 21 – consideration of the principles developed in Manchester Building Society in the context of a claim for clinical negligence.
- Henderson v Dorset Healthcare University NHS Foundation Trust [2020] UKSC 43 – examining the principles underpinning the defence of illegality and the applicability of Patel v Mirza.
- Stoffel v Grondona [2020] UKSC 42 – considering the defence of illegality in a solicitors’ negligence claim.
- Whittington Hospital NHS Trust v XX [2020] UKSC 14; [2021] A.C. 275 – considering the applicability of the defence of illegality in the context of claim for commercial surrogacy.
- WM Morrisons Supermarkets Plc v Various Claimants [2020] UKSC 12 – assessing the factors central in determining the imposition of vicarious liability for criminal acts.
- The Financial Conduct Authority v Arch Insurance (UK) Ltd [2021] UKSC 1 – discussing the over-exclusionary effect of the ‘but for’ test of causation.
- Okpabi v Royal Dutch Shell Plc [2021] UKSC 3 – consideration of the situations in which a parent company can be liable for the tortious acts of its subsidiary.
In the Court of Appeal
- Ford v Seymour-Williams [2021] EWCA Civ 1848 – examining the ingredients required for a finding of liability pursuant to s.2(2) Animals Act 1980.
- Blackpool Football Club Ltd v DSN [2021] EWCA Civ 1352 – application of the principles of vicarious liability in relation to the actions of an unpaid football scout.
- The Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB [2021] EWCA Civ 356 – examining the principles of vicarious liability in the context of a claim for assault.
- The White Lion Hotel v James [2021] EWCA Civ 31 – examining the extent to which the voluntary taking of an obvious risk can amount to a defence under the Occupiers’ Liability Act 1957.
- Schembri v Marshall [2020] EWCA Civ 358 – reviewing the role of statistics when determining causation in a clinical negligence claim.
- Al-Najar v Cumberland Hotel (London) Ltd [2020] EWCA Civ 1716 – considering the extent of an occupier’s duty to prevent trespassers committing acts of violence.
- Large v Hart [2021] EWCA Civ 24 – assessing the application of the SAAMCO principles to a surveyor’s negligence claim.
- Assetco Plc v Grant Thornton UK LLP [2020] EWCA Civ 1151 – considering the application of SAAMCO principles to a negligent audit.
- Jalla v Shell International Trading & Shipping Co [2021] EWCA Civ 63 – considering the principles applicable to Rylands v Fletcher liability for damage resulting from a single escape.
