High Court: Queen's Bench Division judgments, 2015

Informed consent requires a doctor to take reasonable care to ensure that an adult patient understands the material risks of recommended treatment and any…

Expert evidence in a financial mis-selling claim is admissible where there is an established body of relevant expertise and the evidence is reasonably…

On an application under CPR 3.4 or CPR 24, the court must distinguish between defects in the pleading and the evidential question whether the pleaded case has…

Disclosure must be confined by the pleaded issues and remain proportionate to what is genuinely necessary for a fair determination. Where relevant material…

An employer may terminate an employment contract without notice where the contractual ground relied on is independently satisfied. A clause permitting…

A claim may be struck out under CPR 3.4(2)(b) where continuing it to trial would consume disproportionate court and party resources for no useful practical…

The tort of inducing breach of contract requires an actual breach, knowledge of the contract, an intention to procure the breach, and a sufficient causal…

An injunction under section 187B of the Town and Country Planning Act 1990 is an exceptional and coercive remedy. The court must exercise an independent…

Where legally privileged documents have been obtained and disclosed without authority, the court’s equitable confidentiality jurisdiction ordinarily requires…

A retrospective success fee under a conditional fee agreement is not contrary to public policy as a matter of principle. Whether it is recoverable depends on…

A satisfied consent judgment fixing damages for the same loss bars continuation of a claim against another joint or concurrent tortfeasor liable for that loss.…

When managing vulnerable witnesses, the court must apply the overriding objective and balance fairness, equality of arms, obtaining the best evidence…

On an interim-payment application in a serious clinical-negligence claim, the court must make a conservative assessment of the likely capital judgment and…

Under section 1 of the Defamation Act 2013, a claimant must prove, on the balance of probabilities, that publication has caused or is likely to cause serious…

Interim injunctive relief may be granted where the claimant shows a sufficiently strong case and the order best preserves the balance of justice pending trial.…

In assessing alleged clinical negligence, recognised classifications of cardiotocography traces do not dictate the appropriate intervention. The trace must be…

On an application under CPR Part 53 PD 4.1(1), the court decides only whether the words are capable of bearing the pleaded defamatory meaning. It does not…

Where a claim form is to be served by the court under CPR 6.18, the court must establish that it was in fact posted, or that the surrounding facts do not cast…

Costs budgeting requires the court to assess future costs globally and by phase. The court must first decide whether the proposed costs as a whole appear…

Under Town and Country Planning Act 1990, s 187B confers an original and discretionary jurisdiction to restrain actual or apprehended breaches of planning…

Relief from sanctions requires a proportionate and context-sensitive application of the three-stage test in Denton v White. A breach which is technically…

In assessing breach of duty in a busy accident and emergency department, the court must consider the operational context and the information reasonably…

A bank supplying information about an interest-rate swap does not assume an advisory relationship merely because its salesperson expresses views, explains the…

Under article 4 of Rome II, the habitual-residence exception may apply to claims arising from a multi-party accident. Article 4(3) may then restore the law…

In determining the meaning of words spoken in television broadcasts, the court must identify the single meaning conveyed to the ordinary reasonable viewer…

In complex group litigation, historical expertise may assist with identifying relevant documents and witnesses, but historians cannot give admissible factual…

Responsible journalism may protect defamatory factual allegations which are not proved true, provided the publication concerns a matter of public interest and…

In assessing whether antenatal corticosteroids should be prescribed before an anticipated pre-term delivery, the question is one of clinical judgment. A…

A spread-betting operator was contractually required to close a customer’s open positions after margin calls remained unpaid for five business days, unless it…

At a mesothelioma “show cause” hearing, the claimant must adduce credible evidence capable of showing exposure to asbestos and breach of duty. The defendant…

On an application to serve proceedings out of the jurisdiction, the claimant must establish a serious issue to be tried, a good arguable case within a…

A party to an exclusive jurisdiction agreement is ordinarily entitled to enforcement of that agreement by an anti-suit injunction. The court should grant…

A solicitor’s retainer is construed as a whole and against its factual background. Where a fundamental term remains ambiguous, the ambiguity is resolved…

In committal proceedings for failure to obey a disclosure order, the court must determine before sentencing whether past breach, continuing non-compliance, or…

The statutory duty to maintain a highway under section 41(1) of the Highways Act 1980 concerns repair and keeping the highway in repair. It does not require…

Summary judgment may be granted where earlier generic findings establish that deposits were paid away in breach of trust and the defendants have no real…

A late amendment alleging bad faith requires clear and cogent evidential support. The court may refuse an amendment where the allegation is speculative…

On an application for strike out or summary judgment, the court must assess whether the claim has a realistic prospect of success without conducting a…

A do-not-attempt-cardiopulmonary-resuscitation decision engages the patient’s rights under Article 8 ECHR. Before such a notice is placed on the medical…

A detention order made by a superior court remains valid and lawful until set aside unless the order is ex facie invalid because it resulted from a gross and…

On an interim costs application, the court must estimate a reasonable sum likely to be recovered on detailed assessment or compromise. The payment need not…

In a defamation claim, delay may amount to abuse of process where it supports a strong inference that the proceedings are being pursued for an improper…

Damages for defamation must be proportionate and assessed by reference to the seriousness of the allegations, the extent of publication, their impact, the…

A qualified admission in a defence may require permission to withdraw where the pleading amounts to an admission conditional on proof of specified facts. In…

On an application for summary judgment, the question is whether the defence has a real prospect of success, not whether a different contractual interpretation…

In a clinical negligence claim, the claimant must prove the most likely causal mechanism before breach of duty can be assessed. Where experts disagree, the…

An internet service provider is not liable for publication merely because it provides a platform or receives a complaint. Liability requires a pleaded and…

Where an agency agreement purports to select indemnity rather than compensation on termination, the court must consider whether an invalid proviso can be…

Under section 48 of the Representation of the People Act 1983, an election must be declared invalid where the court is satisfied that an official act or…

In civil proceedings involving serious allegations, there remains a single unvarying standard of proof: the balance of probabilities. The seriousness of an…

Permission to rely on expert evidence may be refused where the underlying claim has no real prospect of success, applying the decision-making approach…

For personal injury claims, the limitation period runs from the later of accrual of the cause of action and the claimant’s date of knowledge. Knowledge does…

The High Court may assist foreign civil proceedings by ordering the release and transfer of physical samples for forensic testing where the statutory…

A Rule 35 medical report may constitute independent evidence of torture even though it also records the detainee’s account and uses qualified language such as…

An acquittal on criminal charges arising from the same facts is not an absolute bar to permission to bring committal proceedings for contempt. The court must…

In assessing damages for prolonged sexual abuse, psychiatric injury, mental distress and aggravated damages should be identified separately where their…

For limitation purposes, a claimant need only have broad knowledge of the essence of the act or omission to which the injury is attributable. The claimant need…

An application to extend time for filing an appellant’s notice is approached under the same principles and with the same rigour as an application for relief…

A trial should not ordinarily be vacated where the application is made at the last moment, the relevant circumstances were known earlier, and adjournment would…

Under CPR Part 71, the power to require attendance at an oral examination is confined to the judgment debtor. A person against whom no judgment has been…

An immigration detainee may be detained only where removal can be effected within a reasonable time and the Secretary of State acts with reasonable diligence…

In a defamation claim, an allegation that documents are forgeries ordinarily conveys an assertion of fact, rather than honest opinion, where the publisher…

Pre-commencement conduct cannot itself found liability under the Corporate Manslaughter and Corporate Homicide Act 2007. It may, however, be relevant evidence…

An interim non-disclosure order may be granted where intimate personal material engages a claimant’s reasonable expectation of privacy and confidentiality, and…

Interim springboard relief may restrain the consequences of an unlawful team move, misuse of confidential information, or breach of contractual or fiduciary…

In a medical negligence claim involving alleged delay in diagnosing and treating hypertension, the claimant must prove each factual step on the balance of…

For a trading body, the serious harm requirement under Defamation Act 2013, s 1(2), may be established by proving serious financial loss already caused, likely…

An investment adviser is not in breach merely because a client later describes a medium-risk investment as too risky. Suitability depends on the properly…

A court may stay enforcement of a registered foreign judgment under its broad case-management jurisdiction in CPR 3.1(2)(f), even where no writ of control or…

When approving a settlement for a protected party, the court must safeguard the claimant’s interests, ensure that the defendant obtains a valid discharge, and…

An order under CPR Part 71 may require an officer of a judgment-debtor company to provide information about its means, including assets transferred in the past…

A search under Police and Criminal Evidence Act 1984 section 2 and section 23 of the Misuse of Drugs Act 1971 is unlawful unless the statutory information is…

In an application to restrain an internal NHS capability hearing, the court should be slow to intervene before the specialist process has run its course.…

Grooming and sexual abuse may cause actionable psychiatric injury even where the most serious alleged acts are not proved. For the tort of intentional…

In clinical negligence, a doctor is not negligent where the treatment accorded with a practice accepted as proper by a responsible body of suitably skilled…

A local authority cannot rely on Children Act 1989, section 20 to accommodate a child where a person with parental responsibility objects, or without that…

Persons unknown may be sued where their description identifies with certainty who is included and excluded. Final injunctive relief may be granted against…

A tenancy granted by a person with no proprietary interest may create contractual relations between the stated landlord and tenant, but it does not bind the…

The crime and taxation exemption from subject access under section 29 of the Data Protection Act 1998 is qualified. The data controller must establish, with…

Clinical negligence requires proof of breach and causation. A doctor is not negligent merely because another professional opinion takes a different view…

The return hearing of an interim injunction need not proceed where the parties agree orders containing undertakings and directions for trial. The court may…

A freezing order is not security for a debt and must not improve the applicant’s position over that of other creditors. It is justified where there is a real…

In a clinical negligence claim, breach of duty does not establish liability without proof that the breach caused the injury on the balance of probabilities.…

When deciding an application to restrain publication, the court must balance the competing rights under articles 8 and 10 of the ECHR. Neither right has…

A hospital is not ordinarily liable in negligence for harm resulting from a patient’s decision to leave an accident and emergency department after receiving…

An employer’s implied obligation of mutual trust and confidence qualifies the exercise of express contractual rights. Conduct permitted by disciplinary rules…

Permission to bring private-party committal proceedings requires a strong prima facie case and a public-interest assessment conducted consistently with…

A self-exclusion agreement is not necessarily irrevocable. The relevant gambling codes did not prohibit agreed revocation, and a casino may agree to revoke an…

A breach of an immigration detention policy does not itself establish false imprisonment where statutory authority independently warrants detention. A…

Damages for personal injury must meet the claimant’s reasonable needs, assessed in the circumstances of the individual case. A defendant cannot require…

The High Court has inherent jurisdiction to make a civil restraint order covering proceedings before an Employment Tribunal. That jurisdiction derives from the…

In an election petition, service rules must be applied strictly because the public interest requires early certainty about the validity of an election.…

A pre-action admission may be withdrawn only with the court’s permission. The court must consider all the circumstances, each factor identified in the relevant…

On an application to amend, a proposed new claim should proceed only if it has a real prospect of success, unless there is a compelling reason for the issue to…

Personal injury claims arising from exposure to smoke require proof of actionable injury and material causation. Transient, trifling and self-limiting…

Under the common duty of care owed by occupiers, reasonable safety must be assessed by reference to the visitor’s known vulnerability. An open second-storey…

Section 1(1) of the Defamation Act 2013 requires a claimant to prove, on the balance of probabilities, that publication has caused serious reputational harm or…

The court has a wide discretion when making costs orders after trial. Indemnity costs may be ordered where the facts or conduct take the case outside the norm…

Summary judgment on a discrete issue is inappropriate where material facts are disputed and a full trial will still be required on liability. The court must…

In a causation dispute involving several possible medical mechanisms, a claimant may establish causation on the balance of probabilities without identifying…

An interim injunction may restrain publications amounting to harassment where the claimant is likely to establish at trial that the defendant cannot rely on a…

The 1992 Fund Protocol applies to a state only after that state has ratified, accepted, approved or acceded to it. Signature alone is insufficient.…

On an appeal from summary judgment, the court must decide whether the claim is plainly unsustainable or whether there is a real issue requiring trial. A person…

At a pre-trial review, the court declined to determine broad “ground rules” concerning parliamentary privilege without a properly particularised application.…

Administrative detention pending deportation is lawful only for the statutory purpose of facilitating removal and for a period that is reasonable in all the…

A foreign order returning property after forfeiture proceedings are withdrawn is not necessarily a judgment on the merits, nor necessarily binding in rem…

Interim relief is ordinarily sought within issued proceedings, after service and on notice. An application before issue, or without notice, requires separate…

Summary judgment may be given where the claimant’s case has no realistic prospect of success and no compelling reason requires a trial. The court must avoid a…

Summary judgment may be given on admitted issues or issues for which there is no sensible defence. It should be refused where material factual disputes remain…

On an assessment of remedies following default judgment in libel, the court will ordinarily proceed on the claimant’s unchallenged pleaded case. It need not…

Proceedings for a gang-related injunction under Part 4 of the Policing and Crime Act 2009 do not ordinarily involve the determination of a criminal charge. The…

A landlord may transfer its reversion subject to an existing tenancy, provided the tenant is notified of the transfer in accordance with Landlord and Tenant…

Interim relief requires the claimant to establish the applicable conditions for the order sought. An interim payment cannot be ordered unless the court is…

Part 36 is a self-contained procedural code. Its consequences must be applied by reference to the language of the relevant rule, without importing contractual…

In defamation proceedings, a court may extend the ordinary limitation period only where it is equitable to do so, having regard to the statutory factors and…

Persistent breaches of a planning injunction constitute serious contempt because court orders must be respected and the authority of the court preserved. A…

A conditional fee agreement may operate retrospectively where its wording shows that intention. A later agreement can therefore bring earlier instructions and…

Written contracts must be construed objectively by assessing the words used against the background reasonably available to the parties. Background and…

A solicitor’s duty is shaped by the retainer and by any expertise or enhanced service expressly held out. Where solicitors undertake enhanced due diligence for…

A general civil restraint order is justified where a party persists in issuing claims or making applications that are totally without merit, and a limited or…

A solicitor retained to draft an international employment contract must advise on matters reasonably arising from the retainer, including jurisdiction where…

Relief from sanctions requires the court to consider three stages: the seriousness and significance of the breach, the reason for it, and all the circumstances…

At an interlocutory stage, claims should proceed if reasonably arguable. The court must avoid a mini-trial, but should strike out or refuse an amendment where…

An interim anti-social behaviour injunction requires proof, on the balance of probabilities, that the respondent has engaged or threatens to engage in…

In a defamation claim concerning communications made by hospital staff to safeguarding personnel, substantial truth is assessed by reference to the…

A consumer contract made at home is unenforceable unless the trader gives the consumer the required written cancellation notice at the time of contracting.…

In an application for assistance in obtaining evidence for foreign proceedings, the English court must give effect to a foreign request only so far as proper…

Where a claim form is issued within the limitation period, an application made in time to extend the period for serving particulars of claim remains an…

Summary disposal of a defamation claim is inappropriate where meaning, publication, reputational harm, privilege or malice depends on contested facts that…

A motorist must take reasonable care in assessing and responding to hazards presented by vulnerable road users. The duty does not impose a counsel of…

In a costs dispute, the court may take account of a party’s failure to clarify its position where that conduct causes unnecessary litigation and expense. A…

Interim mandatory relief restoring access to bank accounts should be granted only with caution. The court must consider the risk of injustice, the greater risk…

A court may disapply the limitation period where, after balancing prejudice, it is equitable to allow a historic abuse claim to proceed and a fair trial…

A conditional fee agreement must be construed by reference to its language and admissible context. A claim for damages under the Uninsured Drivers Agreement is…

Where a claimant has a statutory entitlement to care or accommodation from a public authority, the claimant may elect to recover damages from the tortfeasor…

For strike-out purposes, a pleaded defence should proceed to trial if the facts alleged, assuming they are proved, might support it. The ordinary threshold is…

A special costs order under section 19 of the Prosecution of Offences Act 1985 should ordinarily reasonably compensate the recipient for costs actually…

A serious and sustained failure by a dealer to provide proper customer service may amount to a repudiatory breach, particularly where it follows warnings and a…

For jurisdiction under section 5 of the Brussels I (Recast) Regulation (1215/2012), an employment relationship may extend beyond the employer identified under…

Proceeding with contempt applications in the respondents’ absence is an exceptional course, requiring proper notice, a real opportunity to attend, and…

Under section 3(1) of the Criminal Law Act 1967, the question is whether the person who used force acted reasonably in the circumstances as they appeared when…

Summary judgment may be given where the evidence and documents establish that a claim has no real prospect of success. The reverse burden of proving fairness…

An unlawful sentence does not automatically make the resulting detention unlawful under Article 5(1)(a). Detention pursuant to a sentence imposed by a…

Under Austrian law, where no notarised deed of gift exists, a valid gift requires both parties to intend an immediate gift and delivery of the property in…

A default judgment is not necessarily a final judgment for the purpose of amending the identity of a defendant. Where the judgment leaves issues such as…

Permission to adduce expert evidence is a provisional case-management decision. Under CPR 35.1, evidence must be reasonably required to resolve the…

An employer’s duty of care extends only to work and activities reasonably incidental to it. A serviceman’s general obligation to maintain physical fitness does…

A doctor’s duty to preserve a patient’s medical confidentiality is qualified, but that qualification does not ordinarily create a duty of care to relatives or…

Under Iraqi Civil Code art 211, an unlawful act by a third party may be a foreign cause beyond the defendant’s control where the third party was not acting in…

A driver entering a public road from a field must take reasonable care in light of the road layout, visibility and the foreseeable presence of other road…

Damages for catastrophic disability must reflect the claimant’s reasonable and proportionate care needs on the evidence. Parents are not ordinarily required to…

A patient must receive sufficient and accurate information to make an informed decision about medical treatment. Material risks and reasonable alternatives…

A unilateral notice should be cancelled where the claim supporting it is unsustainable. A claim for money alone is not a pending land action and cannot justify…

A wasted costs application must satisfy the court that the alleged conduct was improper, unreasonable or negligent and that the summary procedure is suitable.…

In a clinical negligence claim, proof that treatment generally improves outcomes does not establish causation in an individual case. Statistical and…

In assessing loss caused by a broker’s failure to arrange professional indemnity insurance, the court must determine what would probably have happened if valid…

An award of the Financial Ombudsman Service obtained by fraud may be set aside and declared unenforceable. An insurer may avoid an insurance contract ab initio…

Part 36 applies to detailed assessment proceedings through CPR 47.20, including the additional amount under CPR 36.14(3)(d), unless the rules provide…

Under the Proceeds of Crime Act 2002, once property is shown on the balance of probabilities to be recoverable, the statutory scheme strongly favours a civil…

A contractual power must be found in the language of the agreement or be necessary to give it business efficacy. A power to terminate for quality or standards…

A reasonably competent neuroradiologist must investigate imaging that gives sufficient reason to suspect an aneurysm, even where the scan was ordered for…

Findings of fact by a competent tribunal may bind the parties in later privacy proceedings and leave a defendant with no realistic prospect of defending the…

Article 6(1) of the Brussels Regulation may apply to a multi-party personal-injury claim involving different causes of action and different national laws. The…

In a claim involving negligent handling of an acute spinal injury, the conventional but for test governs causation. Evidence that a spinally injured patient…

The court may continue an injunction protecting individuals from harassment where the evidence shows a continuing risk, particularly where a child is affected.…

For the purposes of CPR 45, a trial commences only when the final contested hearing, or the contested hearing of an issue ordered to be tried separately…

Permission to amend a statement of case may include permission to withdraw admissions where the substance of the proposed amendment necessarily challenges…

A claimant who is not a party to underlying litigation cannot infer a contractual retainer merely because the defendant’s legal team also communicates with or…

On a medical adjournment application, the court must exercise its case-management discretion under the overriding objective. It should require cogent evidence…

In defamation proceedings, meaning is determined objectively by the understanding of the ordinary reasonable reader or viewer. The publisher’s intention is…

In defamation claims arising from political speech, meaning is determined objectively from the whole statement and its context, including how a prepared speech…

On an interim application for publication restraints, section 12(3) of the Human Rights Act 1998 requires the claimant to show that success at trial is more…

Where a person unlawfully detains a passenger in a moving vehicle, it is foreseeable that the passenger may try to escape and suffer personal injury. The…

On an application concerning capability of meaning, the court must assess the article as a whole through the eyes of the hypothetical reasonable reader. The…

An election may be avoided for corrupt or illegal practices without proof that the practices were necessary to the candidate’s victory. General corruption…

A leapfrog certificate may be granted where the statutory conditions in Administration of Justice Act 1969, section 12 are satisfied. Those conditions include…

An interim payment must not exceed a reasonable proportion of the likely final judgment. The Eeles approach requires the court first to assess recoverable…

Relief from sanctions under CPR 3.9 and CPR 32.10 requires a structured assessment of the seriousness and significance of the breach, the reason for it, and…

In a defamation claim, the claimant must first establish the defamatory meaning of the words and then prove, on the balance of probabilities, that the…

Compulsory statutory collective bargaining under Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 is confined to core contractual…

Summary judgment is appropriate where the claim has no realistic prospect of success, or where a short point of law or construction can fairly be decided on…

In clinical negligence concerning post-operative advice, the duty is not confined to warnings about risks relevant to consent. A hospital may also have to give…

A decision determining a party’s capacity to conduct existing litigation, including capacity at earlier stages, may be a final order. Under CPR r.3.1(7), such…

Published surgical guidance expressed in centimetres does not necessarily impose a precise measurement standard. In assessing alleged negligence in an…

Where a UK resident is injured abroad by an uninsured or unidentified motorist, the assessment of compensation under regulation 13 of the Motor Vehicles…

Time limits for appealing against registration of an EU judgment under Article 43(5) of Council Regulation (EC) No 44/2001 are mandatory and form part of a…

Where a court orders costs subject to detailed assessment, it should order a reasonable payment on account unless there is good reason not to. A claimant’s…

Alleged misrepresentations must be construed objectively, having regard to the words used, the complete document, surrounding documents, the parties’ known…

A foreign statutory bar is substantive where, viewed in context and according to its purpose, it removes the underlying liability or head of loss rather than…

In assessing damages for a severely disabled claimant, life-expectancy statistics provide a framework, but the court must assess the individual presentation…

Section 1 of the Defamation Act 2013 creates a threshold condition: publication must have caused, or be likely to cause, serious harm to the claimant’s…

Contribution under the Civil Liability (Contribution) Act 1978 is determined by what is just and equitable, having regard to each person’s responsibility for…

A successful party may receive only a proportion of its costs where it has failed on a discrete and independent issue. The court must assess the justice and…

Permission to appeal may properly be granted where the available material raises a substantial issue requiring examination on its merits, particularly where…

In claims for psychiatric injury caused by workplace stress, liability requires proof that harm of the kind suffered by the particular employee was reasonably…

In a damages assessment following admitted clinical negligence, losses must be confined to injury caused by the breach and separated from pre-existing or…

A public authority may owe a non-delegable duty of care to a person detained under its control. The relevant inquiry is whether the claimant is especially…

An employer’s duty of care extends to taking reasonable steps to protect an employee travelling to remote third-party premises in the course of employment. The…

Interim delivery-up relief for goods is discretionary and is granted only where compelling reasons justify disturbing the existing possession of the goods. A…

A doctor must take reasonable care to ensure that a patient is aware of material risks and reasonable alternatives. Materiality is fact-sensitive and depends…

A private law duty of care will not ordinarily arise from the executive’s participation in negotiating an independence constitution. The claimant must…

Fixed trial dates should be adjourned only in exceptional and compelling circumstances. The parties’ consent is not sufficient. The court must assess the…

Communications made to a letting agent or deposit-dispute body about the retention of a tenancy deposit may attract qualified privilege where they are…

In a clinical negligence claim concerning shoulder dystocia, the court applied the Bolam test as qualified by logical analysis under Bolitho. A doctor must…

On an application for an interim order restraining publication, the claimant must ordinarily show that success at trial is more likely than not, although a…

For a secondary victim to recover damages for psychiatric injury, it is insufficient to show a close relationship, a recognised illness and causation. The…

In determining whether published words are defamatory, the court must first identify their single meaning, including any insinuations or implications conveyed…

When deciding whether a litigant has persistently issued claims or made applications which are totally without merit, the court may consider the litigant’s…

A claimant who develops an actionable asbestos-related injury has one cause of action against each negligent employer for all consequences of that exposure.…

In clinical-negligence litigation involving competing medical diagnoses, the court must determine which explanation is more likely on the evidence. Population…

For the former fixed-success-fee regime, “disease” was not confined to conditions distinct from injury in ordinary speech. It included an illness, disorder or…

For a Francovich damages claim, the relevant EU provision must confer rights on individuals, the breach must be sufficiently serious, and the breach must…

Article 3 imposes a positive obligation to maintain and operate an effective system for investigating and prosecuting credible allegations of serious…

A contract made in breach of a statutory prohibition is unenforceable for illegality where that is the proper construction of the statute. The court must…

Foreign-law rights of subrogation do not create substantive rights exceeding those available under the law governing the underlying tort. A foreign…

In determining meaning in a defamation claim, the court applies the perspective of the reasonable reader of the relevant newspaper. The exercise is not…

The standard of care for a psychiatrist is that of a reasonably competent psychiatrist exercising reasonable care and skill at the relevant time. A doctor is…

A subject access request is not an abuse of process merely because the requester hopes to use the information in foreign criminal appeal proceedings. The…

Disapplication of the one-year limitation period for defamation claims is exceptional. The court must balance the prejudice to the claimant against the…

Responsibility for an internet publication may be established on the balance of probabilities where it was made through the defendant’s account and no…

A public authority responsible for managing waterways, but which is not a housing authority, does not owe a duty under Article 8 to investigate or address a…

Permission to serve a foreign defendant outside the jurisdiction may be maintained where the claim concerns a real and substantial tort in England and Wales…

Training is inadequate where an employer introduces a substantial change to a safety-critical system but gives only limited, poorly reinforced computer-based…

Relief from sanctions requires the court to assess the seriousness and significance of the breach, the reason for it, and all the circumstances of the case.…

A district-wide injunction may be granted where persistent breaches of planning control are reasonably apprehended, public authorities’ less intrusive measures…

Permission to appeal a case-management decision refusing late amendments to pleadings should be refused where the proposed amendments materially change the…

A general practitioner examining an injured knee must consider the possibility of fracture where the mechanism of injury reasonably raises it. The examination…

In minor road-traffic claims, a defendant need not plead fraud or fabrication as a substantive defence. It is sufficient to plead detailed facts inviting the…

A deliberate use of a vehicle to drive at a person and then throw that person from the vehicle is a battery unless justified by lawful self-defence.…

In a defamation claim, a plea of malice defeating qualified privilege must identify specific facts about what the defendant did, said or knew. Those facts must…

Strike-out and summary judgment applications may be determined at the commencement of trial where the circumstances are sufficiently unusual and the court can…

Applications for relief from sanctions under CPR 3.9 require a structured but nuanced assessment. The court should first assess whether the breach is serious…

In a complex medical negligence claim, breach of duty may be established where a basic and essential investigation is omitted, even though causation remains…

A court may not permit amendment to introduce a new cause of action after the applicable limitation period has expired unless the new claim arises from the…

Defamation proceedings may be struck out as an abuse of process where they no longer serve the legitimate purpose of protecting reputation. The court must…

Successful claimants ordinarily recover their costs from liable defendants in proportions reflecting the defendants’ substantive liability. A Part 36 offer…

On a costs assessment, the reasonable hourly rate must be determined by identifying the category of solicitor who should have been retained, assessed…

An employee’s conduct amounts to a repudiatory breach where, viewed objectively, it is likely seriously to damage the relationship of trust and confidence and…

When a successful party has refused to engage in alternative dispute resolution, the court must decide whether that refusal was unreasonable by considering all…

The Occupiers’ Liability Acts impose an occupancy duty, not a general duty to supervise or protect visitors and trespassers from dangers created by their own…

Compensatory damages for future care, accommodation and equipment must meet the claimant’s reasonable needs arising from the injury. Proportionality is…

For Reynolds privilege to protect defamatory publication, the publisher must show a real public interest in the subject matter, that it was reasonable to…

A medical practitioner must meet the standard of a reasonably competent practitioner in the relevant field. An employer’s duty requires all reasonable steps to…

Swimming teachers and lifeguards must exercise reasonable care appropriate to their distinct responsibilities. A teacher supervising children in the water may…

A long-term vehicle-recovery contract may contain an implied term requiring honesty and integrity where the contractor handles recovered property and potential…

In a clinical negligence claim involving a missed unstable spinal fracture, the claimant must establish on the balance of probabilities that the breach caused…

The standard of care in a busy A&E department must reflect its time pressures and collective decision-making structure. A triage nurse is ordinarily required…

A claimant alleging injury from a medical procedure must prove, on the balance of probabilities, that the procedure caused the injury. The claimant need not…

For a costs order under section 19 of the Prosecution of Offences Act 1985, the court must identify an unnecessary or improper act or omission, resulting…

Judicial immunity under section 9(3) of the Human Rights Act 1998 has a broad scope. A judicial act is not confined to an act capable of appeal or judicial…

In assessing whether an LGV driver was negligent when moving off in congested traffic, the court must consider the particular circumstances and the multiple…

A tariff imposed on a person sentenced to detention during Her Majesty’s pleasure may be reduced on review only where there is clear evidence of exceptional…

A minimum term imposed on a person detained during Her Majesty’s pleasure may be reduced on review where there is clear evidence of exceptional and unforeseen…

A general practitioner must investigate symptoms in their clinical context. In a patient with an artificial heart valve, day and night sweats, unexplained…

Relief from sanctions under CPR 3.9 requires a structured three-stage inquiry: the seriousness and significance of the breach, the reason for it, and all the…

Waiver by estoppel requires a clear and unequivocal representation that an insurer will not exercise an identified contractual right, together with reliance…

Actual bias requires a closed mind that is incapable of persuasion, rather than a predisposition towards an outcome. Apparent bias is assessed by considering…

Claims in deceit, negligent misrepresentation and collateral contract require proof of the representation relied upon and, where relevant, inducement. A…

A plea of malice in answer to fair comment or honest opinion must clearly identify the alleged dishonesty and the facts relied on to establish it. The plea…

An order for costs on the indemnity basis requires conduct or circumstances taking the case out of the norm. The conduct must be unreasonable to a high degree…

For an interim injunction enforcing post-termination employment restraints, the Cyanamid threshold remains applicable where a speedy trial will occur before…

Where a contractual NHS policy governs exclusion from work, the employer has a discretionary power subject to contractual safeguards, including necessity…

Interim mandatory relief requires a serious issue to be tried, inadequacy of damages and a favourable balance of convenience. However, the court may decide a…

An interim injunction against persons unknown should not remain in force indefinitely merely because the defendants cannot be traced. The court must use active…

An employee seeking an interim injunction to stop a contractual disciplinary hearing must satisfy the usual principles in [1975] AC 396. Where the injunction…

An application to rely on evidence served late engages the relief-from-sanctions jurisdiction. The court must apply the three-stage approach in Denton v TH…

A solicitor’s duty is defined by the retainer and the client’s express or implied instructions. Ordinarily, the solicitor need not investigate factual matters…

An interim injunction may restrain apprehended harassment by persons unknown where the evidence establishes a real risk of repetition and it is more likely…

A defamation claim concerning publication after 1 January 2014 should ordinarily be assessed first under section 1 of the Defamation Act 2013. The claimant…

Where a costs management order has been made, approved or agreed phase budgets ordinarily constrain recoverable costs. A revised budget should be submitted…

Where Iraqi law governs limitation, an Iraqi limitation period is suspended under article 435 of the Iraqi Civil Code if an impediment makes it impossible to…

An insured has an insurable interest where it possesses, manages, lets, insures or bears responsibility for the insured property, even though another person…

Damages for catastrophic personal injury must, so far as possible, provide full compensation for pecuniary loss. A claimant who takes reasonable steps to…

Arrangements between government departments to share existing public resources for policy delivery do not constitute a public services contract merely because…

Statutory schemes restricting challenges to decisions of SIAC or in Control Order proceedings do not create an absolute bar to separate private-law claims…

Where a fixed-date hearing cannot fairly or efficiently proceed because necessary preparation has not been completed, the court may vacate the hearing and give…

In determining the meaning of allegedly defamatory words, the court must identify the single meaning conveyed to the ordinary reasonable reader, reading the…

Contempt of court allegations must be proved to the criminal standard. The alleged breach must be identified with sufficient clarity and precision…

The pre-1 April 2013 fixed success fee regime in CPR Part 45 Section IV applies only where the claimant is an “employee” within the statutory definition…

Personal data processed for the purpose of conferring a life peerage falls within the exemption for data concerning the conferring by the Crown of any honour…

An employer’s personal, non-delegable duty to take reasonable care for an employee’s safety may extend to work-related travel abroad, including transport…

In a clinical negligence claim, the claimant must prove that the injury fell within the risk against which the defendant’s duty was directed. The precise…

A non-party costs order is exceptional, but the question remains whether it is just in all the circumstances. Funding proceedings, substantially controlling…

A search-engine operator may be a data controller for processing personal data displayed through its search results. A claimant who gives a valid notice under…

Clinical negligence is assessed by the Bolam standard, subject to the court’s duty under Bolitho to scrutinise whether the supporting professional opinion has…

Ambulance technicians treating a patient with severe or life-threatening asthma must undertake and record appropriate observations, reassess the patient after…

For harassment claims under the Protection from Harassment Act 1997, conduct may be attributed to a participant in a joint venture where he aids, abets…

Goods hired for a specialised purpose must be of satisfactory quality, judged by what a reasonable person would regard as satisfactory in all the…

A claimant cannot recover damages for psychiatric injury where the injury was caused by his own voluntary criminal misconduct. The ex turpi causa principle…

Attendance-management provisions in an employment handbook may be contractual even where other provisions in the same section are guidance or procedures. The…

In clinical negligence, a defendant escapes liability under the Bolam test only where the professional practice relied upon is supported by a responsible body…