England and Wales Case Law

Adam Lillystone v Bradgate Education Partnership

The Respondent owed no duty to the Appellant under the Occupiers Liability Act 1957 because the risks of climbing the gate were obvious and willingly accepted, and the danger was not due to the state of the premises but the act of climbing. Alternatively, the Appellant was a trespasser when climbing the gate and no duty was owed under the 1984 Act as the Respondent had no knowledge of the burr and could not reasonably be expected to protect against the risk. Even if a duty was owed, the Respondent had adequate measures for ball retrieval. The cause of injury was the Appellant's own choice to…

Source excerpt

• Occupiers liability act 1957
• Occupiers liability act 1984
• Negligence
• Duty of care
• Risk assessment
• Trespass

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M5 Associates Limited v Simon Nevill Wetton & Anor

Claimant entitled to costs up to and including default judgment on standard basis; claimant to pay Mr Watkins' costs up to and including first hearing on standard basis; Mr Watkins to pay costs of second disclosure application and redetermination relating to him on standard basis due to disclosure failures and inaccurate evidence, but not on indemnity basis as no dishonesty found; no change to interest rate or period absent appeal or timely application to set aside.

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• Costs
• Guarantee
• Fraud
• Negligence
• Disclosure
• Interest

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Kyte v MclAren Automotive Ltd & Anor

Kyte v MclAren Automotive Ltd & Anor [2026] EWHC 1126 (TCC) (19 May 2026)

The High Court struck out inadequately particularised contract and negligence claims over a car fire, but allowed time to amend the pleadings.

• Breach of contract
• Negligence
• Pleading requirements
• Causation
• Res ipsa loquitur
• Supply of goods and services act 1982

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David Alan Kyte v McLaren Automotive Limited & Anor

The High Court struck out a vehicle fire claim for inadequate pleading, holding that the claimant had not sufficiently particularised breach, causation, or negligence.

• Breach of contract
• Negligence
• Pleading requirements
• Causation
• Res ipsa loquitur
• Consumer rights

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Julian Thirsk & Anor v Berkeley Homes (North East London) Limited & Anor

The Defendants’ costs budget was prima facie disproportionate, being nearly twice the claim amount and the Claimants’ agreed budget. The court examined each phase, reduced excessive estimates, and allowed only reasonable and proportionate costs for each procedural stage. The costs of the costs budgeting exercise should be costs in the case.

Source excerpt

• Costs budgeting
• Proportionality of costs
• Costs management order
• Defective premises act 1972
• Breach of contract
• Negligence

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PBF Investments Limited v Ewan & Co LLP

The High Court held former solicitors liable for failing to advise that a loan would not have first-ranking security, and entered judgment for the claimant.

• Solicitors' duties
• Breach of contract
• Negligence
• Mitigation of loss
• Security for loans
• Professional-negligence

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Seppings v Crampsie & Son Ltd t/a The New Inn Roughton

Seppings v Crampsie & Son Ltd t/a The New Inn Roughton [2026] EWHC 859 (KB) (23 April 2026)

Trial on liability only in a premises injury claim: the court found the pub breached its duty of care, but the claimant failed to prove causation, so the claim was dismissed.

• Negligence
• Occupiers' liability
• Workplace safety
• Causation
• Breach of duty
• Occupiers-liability

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Cheryl Sandra Seppings v Crampsie & Son Ltd t/a The New Inn Roughton

The High Court found the pub operator breached its duty of care to an employee who slipped on tiled flooring, but dismissed the claim for lack of causation.

• Negligence
• Occupiers liability
• Workplace safety
• Causation
• Occupiers-liability
• Workplace-safety

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Maina Kumari Rai v Advantage Insurance Company Limited (t/a Hastings Insurance)

Personal injury road traffic claim dismissed after the claimant failed to prove the driver breached his duty of care or caused the collision.

• Negligence
• Duty of care
• Standard of care
• Contributory negligence
• Road traffic accidents
• Burden of proof

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FXS v Mulberry Bush Organisation Limited

Court of Appeal case on restraint in a special school: face-down restraint held to be battery, towel-based room confinement held not to be false imprisonment.

• Battery
• False imprisonment
• Negligence
• Use of force in schools
• Damages
• False-imprisonment

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