Does a decision change the law if it turns on its own facts?

The orthodox answer to this question is no, on the basis that it is the peculiarities of the facts which give rise to the outcome, rather than any new legal approach. In two decisions this week in the tort of negligence, the clinical claim Darnley in the Supreme Court and the vicarious liability claim Bellman in the Court of Appeal, the higher Courts worked from the initial findings of fact and applied the existing law to them to drive different outcomes from those reached in the courts below.

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EU & UK motor insurance – moving targets?

Working out how any post-Brexit motor insurance regime in the UK might fit with the European regime is not completely straightforward at a time when both have a lot of moving parts. Continue reading

Robinson & Worboys: Supreme Court extends police liability for negligence and human rights breaches

Elizabeth Robinson, a Yorkshire woman now in her eighties, has absolutely nothing in common with the ‘Black Cab rapist’ John Worboys – other than the fact that both of them are at the heart of two important Supreme Court decisions this month concerning the legal liability of police forces for harm to members of the public. Both decisions look to have extended forces’ liability, albeit in quite different areas.

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