Deck on the law of England & Wales for SQE1 revision. Mostly based on the first edition of the ReviseSQE textbooks. Hopefully up to date as of 2024, but caveat lector.
2024-09-29: Updated to fix some typos. 2024-12-03: Updated to include changes to the law since 2023 (Intermediate track), etc. Not planning to update again.
| Front | Does an occupier have a duty to ensure the safety of work done by contractors under OLA 1957? |
| Back | Yes, the standard of care for "work of construction, maintenance or repair" is:(1) to entrust the work to a competent contractor,(2) to take reasonable steps to ensure the contractor is competent, and(3) to take reasonable care to ensure the work is properly done |
| Note | The requirement for (3) is reduced if the work is highly technical |
| Front | In what circumstances can a duty of care arise in relation to the acts of third parties? |
| Back | (1) Proximity between the claimant and defendant (e.g. decorator liable for failing to lock up when home was burgled)(2) Proximity between the defendant and the third party (e.g. control or supervision - Dorset Yacht)(3) Creation of source of danger with reasonable foreseeability of third-party interference (e.g. liability for untethered horses disturbed by children)(4) Failure to prevent a known danger (e.g. failure to prevent arson that is a known danger) |
| Note | From decision in Smith v Littlewoods [1987]. In Smith the defendant was not liable for failure to prevent arson because it did not know about the danger. |
| Front | What remedies are available to a successful claimant in human rights proceedings? |
| Back | The full range of legal remedies, including damages |
| Note | However, damages tend to be modest if awarded at all |