Buckley: The Law of Negligence and Nuisance

Provides an explanation and interpretation of the law across the field of negligence. This title aims to provide a fresh and critical exposition that, whilst comprehensive, gives particular emphasis to the contemporary scene. It draws upon cases and judicial pronouncements and includes references to case law from jurisdictions outside the UK.

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This popular book provides clear and accessible explanation and interpretation of the current law across the field of negligence. It aims to provide a fresh and critical exposition that, whilst comprehensive, gives particular emphasis to the contemporary scene. It draws upon recent cases and judicial pronouncements and includes references to case law from jurisdictions outside the UK. Professional negligence is covered in detail as it is a rapidly growing area of law.

The law of negligence touches on many areas of professional practice, and is increasingly complex and a growing area of business for solicitors. Consumers are successfully claiming large sums of compensation from healthcare providers, tobacco manufacturers, pharmaceutical companies and each other, all of whom are deemed to have caused harm through neglecting to take due care e.g. through causing accidents, causing or aggravating illnesses, or failing to properly test products or make consumers aware of risk.

Negligence is also a big topic for those dealing with medical and personal injury law, employment law, consumer law, licensing – and this thorough exposition of the subject is an essential addition to the library of any solicitor’s firm.

The Law of Negligence was amalgamated with the Law of Nuisance in 2005 so combines commentary on the correlated laws of nuisance and negligence. It is designed to provide practitioners and academics with a clear and accessible explanation and interpretation of all significant judicial pronouncements and legislation across the field of negligence.

Development in negligence

Major House of Lords’ (Now Supreme Court) decisions:
* Basic duty of care issues in Sutradhar v. National Environment Research Council and Customs and Excise Commissioners v. Barclays Bank
* In Barker v. Corus assessment of damages against multiple defendants in asbestosis cases (later reversed in part by the Compensation Act 2006)
* In Rothwell v. Chemical & Insulating Co the House controversially reversed a long line of decisions on the actionability of 'pleural plaques' in asbestos exposure cases (a decision subsequently reversed by legislation in Scotland but not in England)

Legislation

* Compensation Act 2006 which deals with the nature of negligence liability, and is intended to redress perception of the existence of a 'compensation culture'
* Third Parties (Rights Against Insurers) Act 2010

Development in nuisance

An important aspect of The Law of Negligence is that it also deals with the law of nuisance. Although this is consistent with much modern judicial and academic commentary, which favours an integrated approach to the two torts, other negligence works on the market do not, on the whole, provide comprehensive coverage of nuisance cases.

* Corby Group Litigation, a decision of the Court of Appeal in which the Court cited The Law of Negligence (see [2008] EWCA Civ 463 at [23] per Dyson LJ)
* Dobson v. Thames Water Utilities on the relationship between the common law of nuisance and the Human Rights Act,
* Watson v. Croft Promosport Ltd on judicial discretion with respect to remedies in nuisance cases
* An important decision on vicarious liability in situations involving special hazard was handed down in Biffa Waste Service Ltd v. Mashinenefabrik Ernst Hese GmbH

The book is part of the Common Law menu which is supported by annual updates.