Do hurdles to successful negligence claims lie at the level of a particular element of negligence, of the interaction between the elements, or in establishing defences such as volenti or illegality? Critically Discuss.

Candidates must present answers to ONE question from Section A, and ONE question from Section B.
The total word limit for the Coursework, containing both sections, is 3,500 words. The expected word
range for the Coursework is 2,800-3,500 words.
Section A
1 Peter was cycling to Lanchesterford University for a lecture at 3pm. He had been on the
phone to his mother and was late, so had not bothered to accept his housemate’s offer of
their bike helmet, but was being careful on the roads and kept to the cycle paths where
these were available.
Daniella was also late as she drove out towards the university for a meeting at 3pm. She
was distracted by an item on the 2.30pm news about an explosion in a house on her
grandfather’s street in a village near Lanchesterford. She braked suddenly and pulled out
sharply onto the main road. Peter swerved, lost control of his bike and fell awkwardly onto
a tree stump on the grass verge at the side of the road. Daniella stopped to check if Peter
was okay. He said he was, but that he would walk to the Accident and Emergency
Department at the hospital in the next street just in case.
At the hospital, Peter informed the receptionist that he had fallen off his bike and that he
had head pain. There were not many people in the waiting area, and the receptionist told
Peter that he would have to wait at least 4 hours to be seen but, if he collapsed, he would
be treated as an emergency.
Peter waited 17 minutes, then decided to go home so he could take some paracetamol
and lie down. He left the hospital without informing anyone. Later that day, Peter did
collapse and was taken back to the hospital in an ambulance, which was summoned
promptly and arrived within the expected time. During the journey to the hospital, Peter
suffered a traumatic brain injury. He was transferred for surgery on arrival but suffered
brain damage and was unable to complete his law studies.
After her meeting, Daniella checked her phone for updates on the explosion, which was
linked to work on the gas pipes being undertaken by the local energy company. She saw
images of two houses which had collapsed, and recognised her grandfather’s car covered
in debris. At 5pm, she received a phone call from her mother, telling her that her
grandfather had died as a result of the explosion. Daniella, who had been raised by her
mother and grandfather, went on to suffer clinical depression as a result of this and was
unable to work.
Advise Peter and Daniella on any potential claims in tort and remedies.

Kara bought a large country home 20 years ago with a garden for her expensive show
roses. Over the past 10 years, factories have gradually expanded into the area. Ironworks
Ltd had most recently built near Kara’s home. To process their products, Ironworks Ltd
has lorry deliveries using the public road that Kara and Larry, Kara’s neighbour, live on.
These deliveries sometimes occur late at night and have recently started to splash hot
liquid onto Kara’s property, damaging her roses. Fumes from the factory also spill onto
Kara’s garden, making it difficult for her to enjoy her roses outside due to the smell. She
has also noticed significant wilting in the roses from the chemical fumes.
Larry has also complained that his sleep at night has been disrupted by the lorries,
although he has not had the same problems with fumes and property damage.
Ironworks Ltd claims they are doing no wrong as they received planning permission to
build, and they abide by industry standards for factories of this type.
Lastly, the Ministry of Defence has decided to reopen an air base that has been owned by
the military for 50 years, but has been dormant for the last 40 years. The air base is within
a mile of Kara and Larry’s property. Jets have begun training exercises, creating sonic
booms loud enough to cause vibrations throughout the local homes. All of the homes in
the area have consequently decreased significantly in value.
Advise Kara and Larry on any viable claims and possible remedies.
3 Steve, a nurse at St Christopher’s Private Hospital, hates his neighbours, Bill and Mary.
Last week, Bill was admitted to St Christopher’s and, in the course of the operation that
Bill was undergoing, the surgeon, noticing that Bill required a blood transfusion, asked
Steve what the relevant blood group was. Steve knew that Bill’s group was Group A, but
he deliberately told the surgeon that it was blood Group B. The operation was
completed successfully, but Bill became very ill after having a strong reaction to the
Group B blood he had been given.
Steve did not stop there. He discovered that Harry was the main customer of Mary, who
cultivates orchids commercially. Steve told Harry that Harry could just as easily buy
equally good orchids at no extra cost from Mary’s rival, Tina. Steve added: “If you know
what’s good for you, and you value your good looks, Harry, you’ll be buying your orchids
from Tina in future”. Harry, worried by Steve’s words, apologised profusely to Mary. He
told her what Steve had said and explained that he did not feel he had any choice but to
take his custom to Tina instead. He duly did this.
Advise Bill, Mary and Harry on any tort actions they may bring against Steve.
Section B
4 “Establishing a novel duty of care is of great excitement for negligence lawyers, but a
hollow victory for claimants who then fail to prove that it was breached …”
(J O’Sullivan, ‘A duty of care to breach medical confidentiality?’ [2020] CLJ 214)
Do hurdles to successful negligence claims lie at the level of a particular element of
negligence, of the interaction between the elements, or in establishing defences such as
volenti or illegality? Critically Discuss.