Birju Kotecha - Q&A Torts

Q&A Torts

Routledge Questions & Answers Series

Each Routledge Q&A contains questions on topics commonly found on exam papers, with comprehensive suggested answers. The titles are written by lecturers who are also examiners, so the student gains an important insight into exactly what examiners are looking for in an answer. This makes them excellent revision and practice guides.

Titles in the series:

Q&A Company Law

Q&A Commercial Law

Q&A Contract Law

Q&A Criminal Law

Q&A Employment Law

Q&A English Legal System

Q&A Equity and Trusts

Q&A European Union Law

Q&A Evidence

Q&A Family Law

Q&A Intellectual Property Law

Q&A Jurisprudence

Q&A Land Law

Q&A Medical Law

Q&A Public Law

Q&A Torts

For a full listing, visit http://www.routledge.com/cw/revision

Q&A Torts

Birju Kotecha

Eleventh edition published 2015

by Routledge

2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

and by Routledge

711 Third Avenue, New York, NY 10017

Routledge is an imprint of the Taylor & Francis Group, an informa business

2015 Birju Kotecha

The right of Birju Kotecha to be identified as author of this work has been asserted by him in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

First edition published by Cavendish Publishing 1993 Tenth edition published by Routledge 2013

British Library Cataloguing in Publication Data

A catalogue record for this book is available from the British Library

Library of Congress Cataloging in Publication Data

Kotecha, Birju, author.

Q&A torts / Birju Kotecha. Eleventh edition.

pages cm (Routledge questions & answers series)

Includes index.

ISBN 978-1-138-78021-7 (pbk) ISBN 978-1-315-77088-8 (ebk) 1. TortsEnglandExaminations, questions, etc. I. Title. II. Title: Questions and answers torts.

KD1949.6.K68 2015

346.4203dc23

2014025863

ISBN: 978-1-138-78021-7 (pbk)

ISBN: 978-1-315-77088-8 (ebk)

Typeset in TheSans

by Wearset Ltd, Boldon, Tyne and Wear

Contents

The law of tort does not stand still. Its policy and legal principles are forever being driven and re-shaped by a fast-moving common law. This book takes into account recent developments in the law, including cases such as Coventry and Others v Lawrence and Another (2014), Taylor v (A) Novo UK Ltd (2013) and CCWS and others v Various Claimants and others (2012) , amongst others. Perhaps more unusually there has also been recent legislative reform through the Defamation Act 2013 which has considerably transformed the law of libel and slander. This has also been updated. Otherwise, I have attempted to reflect the law as at June 2014.

As with this series, the spirit of this book is focused on providing examples of effective writing when answering both essay and problem questions. To this end, the introductory chapter is essential reading as it provides a range of tips, hints and strategies that will help sharpen and improve your written analysis. It will also allow you to read the answers in this book with critical scrutiny and help you identify where you need to focus in order to improve. New features that are in this edition are intended to provide you with further support. This includes guidance in how to read questions which will highlight particular issues of concern in the question but also help you approach and plan your response. There is also greater direction provided in up for debate boxes that will precede essay questions which will introduce topical academic discussions and direct you to further readings. This will help you become more self-starting and advance the academic quality of your discussion so you can fully convey the depth of your understanding and your ability to engage with critical perspectives.

I am thankful to Emma Nugent, Rebekah Jenkins and (formerly) Damian Mitchell at Routledge for their guidance in revising this edition. I am also grateful to both John Bates and William Ralston at Northumbria Law School who have frequently provided clarity of thought and insight in illuminating many principles of the law of tort. Any errors remain my own.

This book is otherwise dedicated to all those law students whose ambition and motivation to learn and achieve, makes teaching so rewarding.

Birju Kotecha

Northumbria Law School

July 2014

A v B plc [2003] QB 195, CA, [2002] EWCA Civ 337, [2001] 1 WLR 234

A v Hoare and other appeals [2008] UKHL 6, [2008] 1 AC 844, HL

A v National Blood Authority [2001] 3 All ER 289

AMF International v Magnet Bowling [1968] 1 WLR 1028

Abouzaid v Mothercare (UK) Ltd [2001] 1 All ER (D) 2436

Adams v Ursell [1913] 1 Ch 269

Akenzua v Secretary of State for the Home Department [2003] 1 All ER 35

Alcock v Chief Constable of South Yorkshire Police [1991] 4 All ER 907

Alcock v Wraith [1991] EGCS 137

Allen v Gulf Oil Refining [1981] AC 1004

Andreae v Selfridge and Co [1938] Ch 1

Andrew Risk v Bruford College (2013) EWHC 3869 (QB)

Anns v Merton London Borough Council [1978] AC 728

Archer v Brown [1985] QB 401

Argyll v Argyll [1967] Ch 202

Armory v Delamirie (1721) 1 Stra 505

Ashley v Chief Constable of Sussex Police [2008] EWHC 3152 (QB)

Ashton v Turner [1981] QB 137

Attia v British Gas [1988] QB 304

Attorney General v Cole [1901] 2 Ch 205

Attorney General v PYA Quarries [1957] 2 QB 169

Baggs v UK (1987) Commission Report, 8 July

Baker v Willoughby [1970] AC 467

Bamford v Turnley (1860) 3 Bes 62

Barber, Grieves & others v Everard & Sons & others, see Rothwell v Chemical and Insulating Co Ltd

Barnett v Chelsea and Kensington Hospital Management Committee [1969] 1QB 428

Barr and Others v Biffa Waste Services Ltd [2012] EWCA Civ 312, [2012] 3 All ER 380, CA

Bazley v Curry [1999] 2 SCR 534

Beard v London General Omnibus (1900) 2 QB 530

Berkoff v Burchill [1996] 4 All ER 1008

Bird v Jones (1845) 7 QB 742

Blyth v Birmingham Waterworks (1856) 11 Exch 781

Bogle v MacDonalds Restaurants Ltd [2002] EWHC 490 (QB)

Bolam v Friern Hospital Management Committee [1957] 1 WLR 582

Bolitho v City & Hackney Health Authority [1998] AC 232, [1997] 3 WLR 1151, HL

Bolton v Stone [1951] 1 All ER 1078

Bourgion SA v Ministry of Agriculture [1985] 3 All ER 585

Bourhill v Young [1943] AC 92

Bowater v Rowley Regis Corp [1944] KB 476

Bradburn v Great Western Railway (1874) LR LR 10 Ex 1

Bradford v Robinson Rentals [1967] 1 WLR 337

Brice v Brown [1984] 1 All ER 997

Bridges v Hawkesworth (1851) 21 LJ QB 75

Bridlington Relay v Yorkshire Electricity Board [1965] Ch 436

British Celanese v Hunt [1969] 2 All ER 1252

British Chiropractic Association v Singh [2010] EWCA Civ 350