ABSTRACT
Before considering the legal requirements for negligence, it is useful to discuss two issues that have impacted on tort law in recent times. Firstly, the emergence of what has been referred to as a ‘compensation culture’ and, secondly, the findings of a review on civil litigation and costs. The tort of negligence has important implications for the business environment and for individuals seeking to enter business, or a related profession. It is vital to possess a basic understanding of the manner and form in which negligent liability can arise. The retraction from Anns led to the courts seeking to keep the boundaries of negligence in check by developing what has been referred to as the incremental approach. The impact of the Human Rights Act 1998 and its relationship to negligence and, in particular, duty of care needs also needs to be considered. This may be particularly relevant where, for example, the duty of care is restricted on policy grounds.
