Podcast Summary: Key Aspects of the English Law of Tort

Overview

• Focus on liability from premises, occupiers' liability, nuisance, rule in Rylands vs. Fletcher, and privacy.
• Particularly relevant for undergraduate law students and those taking the Solicitors Qualifying Examination (SQE).
• Prepared by Dr. Yannis Glenos.

Damage and Defects in Property

• Distinction between damage to property vs. defects in property.
• Claims for property defects are typically a contract law issue.
• Landmark Cases:
  • D&F Estates vs. Church Commissioners (1989)
  • ANS vs. Merton LBC (1978)
  • Murphy vs. Brentwood (1990)
• Key Points:
  • Physical damage to property is compensable in tort if other recovery rules are satisfied.
  • Economic loss from property defects is not typically recoverable in tort.
  • Contract law addresses claims for defective property.
  • Complex Structure Theory challenged in Murphy vs. Brentwood (1990).

Occupiers' Liability

• Governed by Occupiers Liability Acts 1957 & 1984.
• Occupiers Liability Act 1957:
  • Applies to lawful visitors, defining a common duty of care.
  • Applicable to fixed and movable structures.
• Occupiers Liability Act 1984:
  • Duty to unlawful visitors, i.e., trespassers, under limited conditions.
  • Requires awareness of danger and risk.
• Key Cases:
  • Wheat vs. Elacon (1966)
  • Scrutton LJ's Calgarth 1927 principle
  • Cole vs. Davis-Gilbert (2007)
  • White Lion Hotel vs. James (2021)

Nuisance

• Private Nuisance: Affects use/enjoyment of land (noise, smells, etc.).
  • Only those with proprietary rights can sue (Hunter vs. Canary Wharf Limited, 1997).
  • Reasonableness is key: locality, duration, frequency, and malice considered.
• Public Nuisance: Affects the public's comfort and convenience.
  • Requires proof of special damage.
• Defenses and Remedies:
  • Statutory authority, prescription, act of a stranger.
  • Remedies include injunctions and damages.
• Human Rights Impact:
  • Article 8 of the European Convention has influenced private nuisance claims.

Rylands vs. Fletcher

• Strict liability for escapes of dangerous items/substances.
• Requires non-natural use of land and foreseeable damage.
• Key Cases:
  • Cambridge Water Co. vs. Eastern Counties Leather
  • Transco vs. Stockport MBC
• Defenses:
  • Act of a stranger, Act of God, statutory authority.
• Limitations:
  • Focuses on proprietary loss, not personal injury.

Tort of Privacy

• Developed through the Human Rights Act 1998 and ECHR.
• Key Elements:
  • Reasonable expectation of privacy.
  • Misuse of private information as a distinct tort.
• Key Cases:
  • Campbell vs. Mirror Group Newspapers (2004)
  • Mosley vs. News Group Newspapers (2008)
  • Sir Cliff Richard vs. BBC (2018)
• Remedies:
  • Damages for distress and reputation.
  • Injunctions to prevent further publication.

Reflective Questions

• Balance between privacy and freedom of expression.
• Privacy rights of public figures.
• Sufficiency of legal remedies for privacy violations in the digital age.

• Explore Dr. Yannis's YouTube channel for more SQE-focused content.