AQA AS Law- Tort-Liability by Negligence

Alturnative Dispute Resolution (ADR)

• Negotiation
• Mediation
• Conciliation
• Arbitration

Pre Action Protocol: C must provide:

• Details of the claim
• Details of the injuries/harm
• Any other relevant details
• D has 14 days to respond

Which Court?

• County: Claims up to £100,000 or £50,000 for Personal Injury (PI)
• High: Claims over £100,000 and over £50,000 for PI.

Issuing a cliam: Using a N1 form

• Claim = £300, you pay £35.
• = £3,000 = £120
• = £300,000 = £1670

Defending a Claim: D can...

• Admit and pay = C wins
• Defend the claim = goes to court
• Do nothing = C wins by order of default.

Tracks:

• Small: up to £5,000 or £1,000 for PI. Heard in private (no lawyers).
• Fast: up to £25,000. Use a timetable, one day in court and one expert witness.
• Multi: over £25,000 or complex cases under this. Use a timetbale, ADR is encouraged.

Management:

• Use timetables, ADR, judges discuss early on what issues to investigate and deal with issues without parties = no time wasting or full hearings.

Res Ispa Loquitur: 'Things speak for themselves' C must show...

• D was in control of the situation
• The injuries must have been caused by negligence.
• There is no other explanations.
• Scott v London Docks- Bag of sugar
• Mahon v Osbourne- Swab left in patient.

Damages:

• Pecuniary losses use special damages- used for quantifiable damage e.g. to a car.
• Non- Pecuniary Losses use general damages- used for loss/suffering that can't be quanified.
• Mitigation of loss: Claims must be keept reasonable.
• Payment can be in installments or lump sum.

Duty of Care:

• Donoghue v Stevenson: Neighbour Principle.
• Carparo v Dickman: Caparo 3 stage test.
• Foreseeable: Kent (late ambulance) Topp (stolen bus)
• Proximate: Osman v Ferguson (boys attacker) Hill (serial killer)
• Fair just and reasonable: Capital (sprinklers)

Breach:

• Blyth: reasonable man test- fall below the standard excepted of them.
• Doctors: Bolam
• Learners: Nettleship
• Children: Miller

Risks:

• Size: Bolton (criket ball)
• Foreseeable: Roe (anaesthetic)
• Worse harm: Watt (fire truck)

Special characteristics:

• Paris- Partly blind
• Latimer- precautions were taken

Damages:

• Causation: Barrnet v Hospitals- 3 night watchmen
• Remoteness: Wagon Mound
• Thin Skull: Smith v Leech Brain
• Type of injury = foreseeable: Hughes.