OXFORD Markesinis and Deakin’s TORT LAW Seventh Eottion Simon Deakin, Angus Johnston, and Basil MarkesinisOUTLINE TABLE OF CONTENTS Prejace to the Seventh Fdition Abbreviations xiii Table of United Kingdom Cases xxii Table of Gases from Other Jurisdictions bail ‘Table of United Kingdom Legislation lexxi Table of Legislation from Other Jurisdictions xi Table of International Instruments xen PART | SETTING THE SCENE 1 INTRODUCTION g 2) SOME GENERAL WARNINGS FOR THE NOVICE TORT LAWYER 64 PART II THE TORT OF NEGLIGENCE 3 ESTABLISHING LIABILITY IN PRINCIPLE: DUTY OF CARE 99 4° LIABILITY FOR FAULT: BREACH 198 5 MMABILITY FOR DAMAGE CAUSED; CAUSATION AND REMOTENESS 218 PART III SPECIAL FORMS OF NEGLIGENCE 6 LIABILITY FOR OCCUPIERS AND BUILDERS 299 7 BREACH OF STATUTORY DUTY 294 8 LIABILITY OF PUBLIC AND STATUTORY BODIES 311 PART IV INTERFERENCE WITH THE PERSON 9 INTENTIONAL INTERFERENCE 359 16 MALICIOUS PROSECUTION 382 PART V LAND, CHATTELS, AND INTENTIONAL INTERFERENCE WITH ECONOMIC INTERESTS. 11 INTERFERENCE WITH CHATTELSviii OUTLINE TABLE OF CONTENTS 12 LAND 401 13. LESSER INTERFERENCE WITH LAND: NUISANCE ald 14 DECEIT 466 15 THE ECONOMIC TORTS 471 PART VI STRICTER FORMS OF LIABILITY 16 THE RULE IN RYLANDS y. FLETCHER 503 17 LIABILITY FOR ANIMALS. 524 18 EMPLOYER'S LIABILITY Sal 19 VICARIOUS LIABILITY 54 20 PRODUCT LIABILITY 590 PART VII PROTECTION OF HUMAN DIGNITY (IN PRIVATE LAW) 21 DEFAMATION AND INJURIOUS FALSEHOOD 633 22. THE PROTECTION OF HUMAN PRIVACY 701 PART VIII DEFENCES AND REMEDIES 23 DEFENCES 749 24 DAMAGES 792 25 OTHER REMEDIES AND MULTIPLE LIABILITIES 874 Index 891CONTENTS Preface to the Seventh Edition Abbreviations Table of United Kingdom Cases Table of Cases from Other Jurisdictions Table of United Kingdom Legislation Table of Legislation from Other Jurisdictions Table of International Instruments PART L SETTING THE SCENE 1 INTRODUCTION 1 Tort at the Crossroads 2 Tortand Contract (A) The Division between Contract and Tort (B) ‘The Escape ‘Into’ Tort Prompted by 2 Rigidly Conceived Law of Contract (©) ‘The Escape ‘Out of Contract and into the Domain of Tort 3 Elements of Wrongdoing and the Role of Policy 4 Feonamic Analysis of Tort Law (A) Some General Rentarks (B) ‘Ihe ‘Coase Theorem and the Concept of Transaction Costs (C) Accideat Compensation and Cost Internalisation (D) The Theory of the Inherent Efficiency of the Common Law (E)_ Empirical Studies of the Effects of Tort Law (#) Economic Analysis in the Context of One Tort Case: The Norsk Decision (0) The Facts of Norsk i). The Majority and Concurring Opiaions (a) The Minority Punctions of ‘Lort a Fault as the Basis of Tortious Liability 7 Alternative Systems of Compensation (A) First Level (8). Second Level (Criminal Jajuries Compensation Schemes (i Compensation Oxders xxiii Ixxiii bexxi xei xiii 32s CONTENTS (iii) “Ihe Motor insurers Bureau 58 (iv) Special x Gratia Payment Schemes 59 (©) Third Level 60 2 SOME GENERAL WARNINGS FOR THE NOVICE TORT LAWYER 64 1 General Comments oa 2 Judicial Mentality and Outlook, and How it Affects Decision-Making, 65 3. Academic Interests and Practitioners’ Concerns: Close or Far Apart? nm 4 Ivory Tower Neamess v. The Untidiness of the Real World 6 5 Tort’s Struggle to Solve Modern Problems with Old ‘lols 80 6 ‘lort Law Needs to be Reformed but Systematic Reform Remains Unlikely 81 7 Are Liability Rules Restricted because the Damages Rules have been Left Unreformed or because the Relationship between Liability and Damages has been Neglected? 85 8 Tort Law is, in Practice, often Inaccessible to the Ordinary Victim 86 9 Human Rights Law is Set to Influence Tort Law, but this Influence is Likely to be Gradual and Indirect 88 10 Miscellaneous Matters 93 PART IL ‘THB TORT OF NEGLIGENCE 3 ESTABLISHING LIABILITY IN PRINCIPLE: DUTY OF CARE 9 1 The Duty Concept and the Elements of the Tort of Negligence 99 (A) ‘The Conceptual Structure of Negligence 99 (B) ‘The Duty Concept we (©) Dury, Foreseeability and Fault 104 (D) Causation and Damage 10s (i). “The Utility of Existing Concepts 108 2 Formulating the Duty of Care 109 (A) Before and After Anns 109 (B)_ The Three-Stage Test 12 (©) The Impact of Human Rights Law on the Duty Concept 116 3 Kinds of Damage 122 (A) Physical (Bodily) Harm and Damage to Property 122 (8) Psychiatrie Injury and Illness 104 (0 Defining Psychialsic Hari 124 (i) Peimary Victims 125 (ii) Secondary Vietions 126 {0} The Claimant Must Not Have Beer: Abnormally Susceptible to Peyeatatric ness 129 {b) ‘The Psychiatric Harm Muse Have Occurred through ‘Shoei? 129 (©) “The Claimant Must Have Been in Physical Proximity to the Accident or its Aftermath 130CONTENTS xi (4) ‘The Claimant Must Have Had a Close Personal or Familial Relationship with the Accident Victim 1s (iv) A Relational Duty of Care with Regard to Pypehiateie Well-Being 136 () Employees 139 (C) Pure’ Economic Loss 140 Liability or Negligent Missietements 143 [Negligence in the Performance of a Service Pure Feonamic Lass Avisig from Defects i Suuldings and Prodcts 160 Gv) Relational Economic Loss Arising from Demage to the Property of Thitd Party 165 (¥) Overlapping and Concurrent Duties ip Gontract and Tort 168 (i) Insurance Considerations and Reloted Aspects ef Pelicy 173 (vii) ‘The Respective Roles of Parliament ané the Courts 176 (il) Economic Loss: A Summary and Conclusion 77 4 The Manner of Infliction 178 (A) Acts and Omissions 178 () A Dunyto Rescue? 179 (ii) Poitace to Warn 181 (iil) Failure to Take Adequate Precantions 182 (B) Liebility for the Acts of Third Parties 182 (@) Porents aad Children 182 (i) Custodial Anthorities 183 (ii) Landowners 184 (iv) A Wider Principle? 185 5 Parties 185 (A) Protected Defendants 186 G) Public Bodies 186 (Gi) Persons Involved in the Administration of Justice 190 i) Other Professionals 192 (ie) Regulatory Bodies 192 () The Armed Forces 193 (B) Protected Claimants 194 (® Injuries Sustained by the Embryo in the Womb 194 (i) Rescuers 195 4 LIABILITY FOR FAULT: BREACH 198 1 ‘The Concept Of Breach Of Duty 198 2 The Objective Standard 201 (A) The Standard of the Reasonable Person 201 (B) Negligence Distinguished from ‘Mere Errors! 201 (C) General or Variable? 203 3 Professional and Regulatory Standards 208 4 Weighing the Risk and Gravity of Harm against the Cost of Prevention 209 (A) Risk and Foreseeability of Damage 210 (B)_Asscosing the Costs of Prevention 2 5 Proof of Carelessness 215xii CONTENTS 5 LIABILITY FOR DAMAGE CAUSED: CAUSATION AND REMOTENESS 218 1 The Nature of the Causal Inquiry 218 2 But-for Causation 23 (A) The ‘Normal’ But-for Test 223 (B) Cases involving Multiple Defendants 223 (©) ‘Probabilistic Cause: Reversing the Burden of Proof in Cases of Evidential Uncertainty 225 (D) Liability for Exposure to Risk 228 (E) Use of Statistical Evidence to Establish Causation 233 (F) Supervening or Overtaking Causes 234 (G) Loss ofa nce 238 3. Remoteness of Damage 241 (A) Causation and Risk 241 (B)_ Intervening Events and Acts 242 (©) Actof the Claimant 244 (D) Foreseeability of the Extent of Damage 247 (B) Foreseeability uf the Causal Sequence 250 (#)_Remoteness and Damage to Property 251 (G) Remoteness and Pure Economic Loss 252 (CH) Remoteness of Damage in Contract and Tort 254 4 The Tort of Negligence: Final Thoughts 255 PART IIL SPECIAL FORMS OF NEGLIGEN' 6 LIABILITY FOR OCCUPIERS AND BUILDERS 259 1 Introductory Remarks 259 2. The Occupiers’ Liability Acts 1957 and 1984 261 (A) The Scope af the Acts 261 (B) Occupier 262 (C) Lawful Visitor under the 1957 Act 264 (D) Common Duty of Care 268 (E)_ Defences and Exclusion 273 (P) Liability for Independent Contractors 277 (G) Protected Entrants under the 1984 Act 280 (The Development of the Common Law 280 (ii) ‘De Intervention of the Legislator: The 1984 Act 282 3 Liability of Non-Occupiers: Vendors, Landlords, Builders, Local Authorities 285 (A) Vendors and Landlords 285 (8) Builders 288 (C) Local Authorities 292CONTENTS BREACH OF STATUTORY DUTY 1 The Nature of the Action 2 The Components of Liability (A) The Availability ofa Civil Remedy (B) The Scope of the Civil Remedy (©) Causation, Remoteness, and Defences (D) A Wider Principle of Civil Liability? (E) Liability for Breach of Obligations Arising under European Union Law LIABILITY OF PUBLIC AND STATUTORY BODIES 1 The Distinctive Nature of the Liability of the Government, Public Authorities, and Statutory Bodies (A) Historical Development (8) Reasons for the Distinctive Nature of Governmental Liability 2 ‘Ihe Liability of Statutory Bodies in Negligence (A) ‘the Recognition af a Common Law Action (B) A Qualified Protection fiom Liability? () ‘The Statutory Context (a) Statute asthe Source ofthe Private-Law Action (b) Aligning Public-Law and Private-Law ‘Tests for Determining the Legitimate Exercise of Statutory Powers () Statute as Framing the Common-Lave Duty of Care (ii) Justieiabiity and Public Policy (a) Weighing Justiciability and Policy: General Considesations {h) Recent Appronches to fusticiability and Policy Comparing Phelps and Hast Berkshire wo Liabilily for Breach of Statutory Duty Fs Public Law asa Source of Liability (A) Damages for Ultra Vires Acts? (B) ‘The Tort of Misteasance in a Public Office: Public Law as a Source of Immunity (A) Validity of Administrative Action as a Private-Law Defence (B) Procedural Immunity under CPR Part 54 a Crown Proceedings in Tort sa Liability for Breaches of European Union Law Liabilities Arising under the Human Rights Act 1998 cw Vowards a Synthesis of the Law Relating to Governmental Libility? PART IV INTERFERENCE WITH THE PERSON INTENTIONAL INTERFERENCE 1 Introduction: The Meaning of Intentional Interference 348 354 359 359xiv CONTENTS 2. Assault 3 Battery (A) Contact (B) Defences 4 False Imprisonment (A) Confinement (8) Defences Concent (id) Justification and Necessity 5 Residuary ‘Irespass and Harassment: The Tort in Wilkinson v. Downton and the Protection from Harassment Act 1997 10 MALICIOUS PROSECUTION 1 The Defendant Initiated a Prosecution 2 The Prosecution Failed 3 Absence of Reasonable and Probable Cause 4 Malice PART V LAND, CHATTELS, AND INTENTIONAL INTERFERENCE WITH ECONOMIC INTERESTS 11 INTERFERENCE WITH CHATTELS. 1 Introduction 2 Trespass to Goods 3 Conversion 4 Negligence 12 LAND 1 Trespass to Land Quaere Clausum Fregit 2 Defences 13 SER INTERFERENCE WITH LAND: NUISANCE 1 Definition 2 Basis of Liability 3 Unreasonable Interference (A) Material Damage to Property (B) Interference with Use or Enjoyment of Land @) Duration of interference i) Sensitivity (ii) Character ofthe Neighbourhood 361 362 362 370 370 373 373 374 378 39 389 389 391 399 401 401 41 414 414 a4 AIT Al7 424 425 427 428 429 431CONTENTS xv 4 Who Can Sue and Who Can Be Sued? 433 (A) Who Can Sue? 433, (B) Who Can Be Sued? 438. 5 Defences 441 6 Remedies 497 (A) Injunction 487 (B) Abatement 451 7 Public Nuisance 452 8 Nuisance and Other Forms of Liability 458 9 Nuisance and Protection of the Environment 460 (A) Bfliciency of the Action in Nuisance 461 (B) Statutory Nuisances 463 14 DECEIT 466 1 A False Statement 466 2 A Statement of Existing Fact 467 3 The Defendant's State of Mind 468 4 Causation 468 5 Damage, Damages, and Defences 469 15 THE ECONOMIC TORTS 471 1 The Framework of the Economic 'Torts 471 2 Wrongful Interference with the Claimant's Pre-Existing Right 475 (A) Inducing Breach of Contract 75 (DB). Other Forms of Interference with Contract 479 (i) “Indizect’ Interference with Contract 479 (i) Bare Interference with Contrsclwal Pecfarmance 481 Gui). Making a Contract Less Valuable 483 (©) Inducing Breach of Fiduciary Duty 483 (D) Inducing Breach of Statutory Duty 484 3 Interference with the Claimant's Trade or Business by Unlawful Means 484 (A) Intention to Harm the Claimant 484 (B) Unlawful Means 4186 ) Physical Threats 487 (ii) Fraud and Misrepresemtation 487 (iil). Breach of Comractand Inducing Breach of Contract 488 (iv) Crime 489 (0) Interference with Statutory Obligations 490 (i) Other Categories 491 (€) Economie Duress 492 (D) Defences 492xvi CONTENTS 16 18 4 Conspiracy (A) Conspiracy to Injure (8) Conspiracy Using Unlawful Means 5 ‘lhe ‘Trade-Dispute Immunity 6 The Future of the Feonomic Torts PART VI STRICTER FORMS OF LIABILITY THE RULE IN RYLANDS v. FLETCHER 1 General Observations 2. Ihe Requirements of Liability (A) ‘The ‘thing Must Be Brought on to the Defendant's Land (ie. “Accumulated’) (B) Escape 3. Controlling Mecha: (A) ‘Non-Natural Use of Land (B) Foreseeabilily (€) Defences. (Statutory Authority (ii) Consent of the Claimant (ii) Act of Third Party (iv) Act of God (v) Detault of the Claimant 4 Who is Protected and for What? Rylands v. Fleicher and Nuisance 6 Rylands v. Fleicher and the Future of Strict Liability in General 7 LIABILITY FOR ANIMALS 1 Application of the General Law 2 Liability for Straying Livestock 3 Liability for ‘Dangerous Animals! 4 Liability for Non-Dangerous Animals 5 Defences 6 Remoteness of Damage and Strict Liability a Liability for Dogs EMPLOYER'S LIABILITY 1 Introduction 2 The Employer's Liability to his Employees (A) Social Security (B) Tort Law Liability () Competent Saif Gi) Adequate Materials 92 193 394 495 498 503 506 506 507 509 509 512, 313 313 314 54 sis 515 515 518, 518CONTENTS. Gti) Safe Place of Work (Gv) Proper System (©) Statutory Duties 19 VICARTOUS LIABILITY 20 | Identifying the ‘Employee’ and his ‘Employer’ (A) Employee or Independent Contractor? (B) Identifying the Employer 2 The Employee Must Commit a Tort 3 Course of Employment (A) Policy Factors (B) Tests Based on Implied Authority (C) Distinguishing between ‘Authorised Acts’ and ‘Unauthorised Mudes’ (D) Road Traffic Cases: Detou, Deviation, and Travel to and fram Work (E) Intentional Torts and the lest of 'Sufficiently Close Connection’ () Thet (8) Deceit {lt} Sexual ond Other Physical Assaults (iv) Harassment 4 Contribution between Employer and Employee Liability for the Torts of Independent Contractors 6 ‘The Changing Contours of Employers’ Liability (A) ‘The Gradual and Unsystematic Expansion of the Employer's Non-Delegeble Duties (B) Extending Employee Status {C)_ Imposing Additional Affirmative Duties on Employers (D) Purposive Extension of the Vicarious Liability Rules (£) Synthesis of the Employers Viearious and Personal Duties? PRODUCT ABILITY 1 Introduction 2 ‘Ihe Evolution of Product Liability Law in England and America (A) ‘The Rejection of the ‘Privity ef Contract Fallacy’ (B) From Negligence to Sicict Liability (2) Liability for Breach of Wa:eanty (i) Strict Liability in Tort Git) Directive 85/374/EEC and the Consumer Protection Act 1987 (iv) Return to Negligence? 3 The Causes of Action and Components of Liability (A) The Parties to the Action (B) The ‘Products’ Covered (C) The Scope and Standard of Responsibility (The Concept of Defect 584 585 585 586 587xviii CONTENTS Gi) Special Duties: Duty to Warn and Post-Sale Duties 619 (ii) ‘The Producer’ Defences 620 (D) Causation and Remoteness 622 (E) ‘the Categories of Recoverable ‘Damage’ 623 (F) Exclusion and Limitation of Liability 626 (G) Limitation of Actions 626 (H) Choice of Law 627 4 Conclusion 627 PART VII PROTECTION OF HUMAN DIGNITY (IN PRIVATE LAW) 21 DEFAMATION AND INJURIOUS FALSEHOOD 633 1 Defamation: Introduction 633 (A) The Meaning of ‘Defamatory 633 (B) Libel and Slander 636 2. Defamation: Elements of Liability 639 (A) ‘The Allegation Must Be Defamatory 639 (8) ‘The Defamatory Statement Must Refer to the Claimant 645 (C) Publication 651 3 Defences 658 658 (B) Consent 661 (©) Justification or Truth 661 (D) Honest Comment (Vormerly Fair Comment) 664 6) Public Interest 664 (id) True Facts 665 i) Honesty/Faimess 667 (iv) Absence of Malice 668 (B) Privilege 669) (i) Absolute Privilege 669 (@) Parliamentary Privilege 669) (b) Juical Privileges 670 (6) Executive Privileges 672 Gi) Qualified Pevitege 672 (a), Motress of Public Interest 73 {b) Matters of Tnterest tothe Publisher 74 (c). Matters of Interest to Others 675 {d) Common Interest 675 {¢) Journalistic Privilege Ts The Keynols Breakthrough 677 (f) Journalistic Privilege Te: Reportage 686 (g) Reforma Proposals 688 {h) Qualified Privilege Is Defeated by Malice 639)22 23 CONTENTS Defamation: Damages oa Defamation: Mitigation of Damage (A) Apology (B) Claimant's Reputation 6 Defamation: Epilogue 7 Injurious Falsehoods and Passing Off THE PROT ‘TION OF HUMAN PRIVACY 1 Definitional Difficulties and Other Objections to Recognising a Wider Protection of Privacy The Protection Afforded by English Law: Casuistry versus Principle 3 ‘Lhe Protection Afforded by English Law in the Most Important Types of Cases (A) Inteusions tw (B) Appropriation of Personality (C) Public Disclosure of True Private Facts (i) The Growth of the Action for Breach of Confidence (i) What is Protected? Continuing the Move aveay from Confidence and towards Privacy (il) Weakening the Last of the Coco Requirements (Detriment) Gv) Information in the Public Domain (0) Pobbe Figures, Public Officials, Pubic Functions 4 Europe: The Brooding Omnipresence in the Sky 5 The Reach of the Human Rights Act 1998 6 ‘The Development of English Law: Lessons Slowly Being Learnt? PART VIII DEFENCES AND REMEDIES. DEFENCES | The Role of Defences in the Law of Torts 2 Contributory Negligence (A) Causation and Contributory Negligence (B) Claimant's Fault (C) Apportionment (D) Identification (E) The Scope of the Defence and of the Contributory Negligence Act 1945 3 Consent (A) Consent as a Defence to Negligence and Strict Liubility (i) Consent as Assumption of Risk Gi). ‘The Scope ofthe Modern Defence (B) Consent as a Defence to Torts of Intentional Interference 690 od 604 aad 696 699 71 a3 a4 715 716 716 ee sau &CONTENTS 4 Exclusion and Limitation of Liability (A) The Nature of the Defence (B) The Application of the Unfair Contract Terms Act 1977 (C) Extending the Effect of Exemption Clauses to Third Parties legality Necessity Inevilable Accident, Act of God Authorisation S Limitation of Action (A) Discoverability and the Accrual of the Cause of Action (3) The Discoverability ‘ests under the Timitation Act 1980 (€) Limitation and Concurrent Duties in Contract and ‘Tort (D) “The Disapplication of the Normal Limitation Rules (@) ‘The Bffect of Lim (F) Reform of the Law Relating to Limitation of Actions ion: Procedural or Substantive? DAMAGES Preliminary Observations 1 The Notions of Damage and Damages 2 ‘Lypes of Damages (A) General and Special Damages (B) Nominal and Substantial Damages ©) Contemptuousand Aggravated Damages (D) Punitive (or Exemplary) Damages (E) Compensatory Damages “Ihe Principle of Full Compensation 4 The Interrclationship of Tort and Other Compensation Systems (A) Introductory Remarks (B) Benefits not Covered by the Statutory Regime (@ General Observations wa (il) Benevolent Donations (Gv) Payments Macle by Local Authoriies Insurance Moneys (C) Benefits Subject to the Statutory Regime 5 Miscellaneous Matters (A) Lunsp Sums (and Alternative Options) ‘the ‘Iheoretical Options {®) Postponed or Split Trials (0) Interim Dannages (i) Provisional Damages (iv) Structured Settlements (0) Periowic (and Reviews) PaymentsCONTENTS. (B) Duty to Mitigate (C) Itemisation of Awards 6 Pecuniary Losses (A) Medical and Other [xpenses up to the Date of the Trial () Generally (8) Loss of Earnings (440 Past Medics! Care (a), Medical Treatment and Therapies (b) House Care ete, () Personal Expenses (a) Travel Costs (c) Aids and Equipment (6) Accommodation (g) Other Possible Headings (B) Prospective Losses (i) Introductory Remarks (i) “The Multiplicand (ii) “the Multipier (iv) ature Toss af Farnings (9) Medical ‘Treatment and Therapies (©) Third Parties Taking Care of Claimant's Needs (D) Redns 7 Non-Pecuniary Losses {A) ‘The Assessmeat’ Concept of Damages {B) Pain and Suffering (C) Loss of Amenities of Expectation of Life (D) Damages for Bereavement (E) Loss of Marriage Prospects (PF) Loss of Congenial Employment (©) Psychiatric Injury 8 Death in Relation to ‘fort (A) Survival of Causes of Action (B) Death as Creating a Cause of Action (0) Introduction (4) Who Brings the Action ii) The Assessment of tie Award (is), Pecuniary Gains and Other Dedvetions and the Question of Duplication of Damages 9, Damage to Property 25 OTHER REMEDIES AND MULTIPLE LIABILITIES 1 Injunctions (A) Prohibitory Injunctions (2) Mandatory Injuactions 126 aay 828 828 828 829 830 830 833 833 834 834 835 835) 835 836 837 839 84 a3 846 Baz 847 848 849 852 852 853 854. 854 855 855 857 862 864 866xxii 2 3 Index CONTENTS. (C) Quie Timet Injunctions {D) Interim (Formerly interlocutory) Injunctions Damages in Lieu of an Injun Joint and Concurrent Liability (A) Joint and Concurrent Liability Distinguished (B) Successive Actions (©) Contribution and Apportionment (D) Indemnity (B) Secondary Civil Liability 875 876 880 880 880 881 882 887 887 591Markesinis and Deakin's TORT LAW Seventh Edition Written by leading authorities in the field, Markewinis and Deakin's Tort Law is a highly regarded and well-established text, now in its seventh edition. The authors provide a detailed and comprehensive account of the English law of torts, while placing it in its political and economic context. The text covers a wide range of topics and highlights the relationship between the common law, legislation (both national and European), and judicial policy. Various academic perspectives are presented in a highly readable style, giving students a more complete undersianding of tort law. NEW TO THIS EDITION > Each chapter has been extensively re-written to incorporate novel ideas and mate > cy recent cases in the law of torts are discussed. In particular, there is extensive discussion of + Stenkiewies «. Grief (UK) Ltd and the Trigger litigation in BAT (Run Off) Ltd (Cn Sebeme of Arrangement) 0, Durbam on causation; 5 + Vase Colle». Chief Constable of Hertfordubire Police on tort and the ECHR; = » Maga v. Archbishop of Birmingham on eraployer's and vicarious liabilitys : > Flood 0. Vimes Ne papers on detamation; and —> recent case law on the Compensation Act 2006. SIMON DEAKLIN, FBA, Professor of Law and a Fellow of Peterhouse, University of Cambridge. ANGUS JOINSTON, CUF Lecturer and a Fellow in Law at University College, University of Oxford. Cover image: © Clive Wat SIR BASIL MARKESINIS QC, FBA, Corresponding Fellow of the French Academy; Jamail Regents Chair of Law, University of Texas. £38.99 aia ANON UNIVERSITY PRESS www.oup.com