Professor Richard A Buckley, M.A, D.Phil, DCL, Oxford

This Practice Note considers when it might be possible to bring a claim for damages for breach of a statutory duty, including the nature of the liability, the tests to apply in determining whether or not such liability arises, the standard of liability and defences thereto.

This Practice Note outlines the key elements for establishing a claim in negligence, ie the existence of a duty of care, breach of that duty, damage caused by the breach and the foreseeability of such damage.

This Practice Note on negligence considers the requirements for establishing a duty of care to found a negligence claim: issues of foreseeability, proximity, what is ‘fair, just and reasonable’; assumption of responsibility, as well as those factors preventing a duty of care arising and special consideration given to the emergency services and restriction of the scope of the duty in areas of economic loss and psychiatric damage; together with practical considerations when bringing such claims.

This Practice Note considers what conduct may amount to a negligent breach of the duty of care and considers the concepts of reasonableness, objectivity, the four factors considered in establishing a breach, whether common practice, hindsight and errors of judgment are relevant to determining whether there has been a negligent breach of the duty of care. It also covers the particular considerations as regards duties owed to children.

This Practice Note on negligent misstatement discusses how liability may be avoided through disclaimers of liability (including consideration of the effect of the Unfair Contract Terms Act 1977), contributory negligence and public policy immunity issues. It also considers the basis on which a claim for negligent misstatement can be brought, either under the common law (Hedley Byrne) or under the Misrepresentation Act 1967, s 2(1).

This Practice Note considers the key elements for founding a claim for negligent misstatement, with particular reference to claims for financial loss and claims by third parties, including the decision in Playboy Club v Banco Nazionale.

This Practice Note identifies scenarios which may give rise to a claim for private nuisance: substantial interference with the use/enjoyment of land; including noise nuisance, smell, and physical damage to the claimant’s land, including Japanese knotweed, who can sue, who can be liable, the test for liability, the measure of damages, and the remedies and defences available.