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Charlesworth & Percy on Negligence
Charlesworth & Percy on Negligence
14th Edition, 1st Supplement
Series:  Common Law Library
Practice Area:  Litigation, Tort
ISBN:  9780414071131
Published by:  Sweet & Maxwell
Publication Date:  03 Jun 2019
Format:  Hardback, eBook - ProView
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The foremost guide to this complex area of the law, Charlesworth and Percy on Negligence is written by a mixed team of practitioners and academics on the torts of negligence and nuisance.

The first supplement to the 14th edition notes many recent developments, including the Automated and Electric Vehicles Act 2018.

Some of the cases reported in this supplement are as follows:

In the Supreme Court:
  • James-Bowen v Commissioner of Police of the Metropolis [2018] – a Chief Constable was not under a duty of care to protect police officers from economic or reputational harm when conducting litigation founded on alleged vicarious liability for their actions.
  • Playboy Club London Ltd v Banca Nazionale Del Lavoron [2018] UKSC 43 – where the Supreme Court examined the core principles which underpin the imposition of liability for a representation made to a third party, with whom the representor had no contractual relationship.
  • Volcafe Ltd v Compania Sud Americana de Vapores SA [2018] UKSC 61 – doubting the Bungo Seroja, insofar as it suggested that a cargo owner bore the legal burden of proving a breach of art.III.2 of the Hague-Visby Rules 1968.
  • Darnley v Croyden Health Services NHS Trust [2018] UKSC 50 – Considering whether non-clinically trained reception staff at an Accidents & Emergency department owed a tortious duty of care to the appellant to provide him with accurate information regarding waiting times.

In the Court of Appeal:
  • XX v Whittington Hospital NHS Trust [2018] EWCA Civ 2832 –in which the CA declined to follow Briody v St Helen’s & Knowesly AHA in the light of changing social attitudes.
  • Dunhill v W Brook & Co. & Crossley [2018] EWCA Civ 505 - a claim for professional negligence brought against solicitors and counsel for the alleged under-settlement of a personal injury claim.
  • Duce v Worcestershire Acute Hospitals NHS Trust [2018] EWCA Civ - the Court of Appeal considered the true extent of the departure from traditional causation principles as adopted in Chester v Afshar.
  • Hafshah Khan v MNX [2018] EWCA Civ 2609 - a wrongful birth claim arising from the negligent performance of an antenatal test in respect of haemophilia.
  • Lyons v Fox Williams LLP [2018] EWCA Civ 2347 – a solicitor instructed to deal with a client's claim under an accident, death and disablement insurance policy was not under a duty to warn about rights arising out of the same accident under a long-term disability policy which was not covered by the retainer; nor had a duty arisen to warn the client to take advice.
Key features:

  • Sets out comprehensively the general principles, covering duty of care and liability issues under the tort of negligence including the Christian Brothers test to establish vicarious liability
  • 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 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

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