Tort, negligence and nuisance claims

Tort, negligence and nuisance claims guidance:

This Practice Note provides an introduction to bailment, which is a large and complex topic. This Practice Note provides a working definition of bailment and practical...

Practice Note

This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a...

Practice Note

This Practice Note serves as a quick reference guide for practitioners comparing the law of damages as it applies to claims in tort and in contract. For the basic...

Practice Note

This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims. For general guidance on damages, see Practice Note:...

Practice Note

Defending a tort claim—general considerations In reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a duty, or there was...

Practice Note

Contract Where a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be: • joint •...

Practice Note

Background The limitation period for an action founded on tort is six years from the date on which the cause of action accrued. For claims in negligence, the cause of...

Practice Note

This Practice Note looks at the limitation period for professional negligence (prof neg) claims and explains how to determine the date of accrual in respect of claims in...

Practice Note

This Practice Note addresses the issues arising out of the Limitation Act 1980 (LA 1980) in relation to tort claims. It looks at limitation periods for actions founded on...

Practice Note

This Practice Note considers in detail when damages for loss of a chance (loss of an opportunity damages) may be recoverable, with reference to the test in Allied Maples...

Practice Note

This Practice Note considers tortious liability issues where more than one party is responsible for the damage suffered by the claimant. It considers issues of pleading...

Practice Note

The general principles applicable in negligence claims cases as to existence and standard of the duty of care, breach, causation and loss, can be found in Practice Notes:...

Practice Note

The number of claims against banks continues apace. This Practice Note focuses on specific issues arising in respect of the tortious duty of care owed by banks to their...

Practice Note

Negligence—what are the key ingredients to establish a claim in negligence? For liability in negligence to be founded, four key ingredients must be present: • duty of...

Practice Note

This Practice Note considers one of the first questions to ask when faced with a prospective claim in negligence—whether or not a duty of care exists between the claimant...

Practice Note

Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has...

Practice Note

Noise is one of the categories of statutory nuisance. Noise nuisance covered by statute includes: • noise in the street from vehicles, equipment, machinery or...

Practice Note

Private nuisance—what situations can give rise to a claim? Private nuisance normally involves interference with the claimant’s enjoyment of their land, usually by noise...

Practice Note

Nuisance claims are recognised in the following way: • private nuisance—interference with the use/enjoyment of land causing injury • public nuisance—an unlawful...

Practice Note

This Practice Note consider two forms of equitable remedy commonly sought in tort claims: • injunctive relief (including interim injunctive relief) • equitable damages...

Practice Note

What are damages? The term ‘damages’ refers to any amount of money awarded by a court in order to compensate a claimant who has suffered loss or damage as a result of a...

Practice Note

In most torts, where a defendant breaches its duty towards the claimant, it is only liable if the claimant can establish that the breach in question has resulted in some...

Practice Note

In most torts, where a defendant breaches their duty towards the claimant, they are only liable if the claimant can establish that the breach in question has resulted in...

Practice Note

This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics....

Practice Note

This practice note provides an introduction to tort law by addressing three questions: • what does the concept of being liable in tort mean? And how does tort relate to...

Practice Note