by Graham Stephenson, LLM, Solicitor, Principal lecturer in law at the Lancashire Law School, University of Central Lancashire.
This new edition has been fully revised and updated to incorporate the Human Rights Act 1998 which has meant a change in emphasis in the duty chapter in particular. The effect of the Osman case before the European Court on Human Rights is now being felt in this and other areas as is evident from the judgments of the House of Lords in Barrett v Enfield BC. The Law Commission's proposals on Liability for Psychiatric Illness have also been included as well as an extract from White v South West Yorkshire Police. Other important House of Lords cases covered include Hunter v Canary Wharf (recasting the tort of nuisance) and Reynolds v Times Newspapers (a major case on the scope the defence of qualified privilege). On damages, reference has been made to the several Law Commission reports and the Social Security (Recovery of Benefits) Act 1997. This section also takes into account the landmark decision of the House In the Wells case in relation to the appropriate rate of ! return to be taken into account when assessing loss of future earnings. Other new pieces of legislation include the Damages Act 1996 and the Defamation Act of the same year.