Tort Law in the UK: A Plain-English Overview

Tort law covers civil wrongs in England, Wales, Scotland, and Northern Ireland. If someone's negligence causes you injury, or their actions damage your property or reputation, tort law may give you a right to compensation. This guide explains the main types of tort, how they work, and what remedies are available.

The Short Version

A tort is a civil wrong (not a crime) where one person's breach of duty causes loss or damage to another. The injured party can sue for compensation. The most common tort is negligence: proving the defendant owed you a duty of care, broke that duty, and caused your damage. Other major torts include defamation, trespass, nuisance, and occupiers' liability. Most personal injury claims in the UK must be brought within three years, though some exceptions apply.

At a Glance

What Is a Tort?

A tort is a wrongful act or omission (other than a breach of contract or crime) that causes harm and gives the injured party the right to claim damages. Tort law is civil law, not criminal. You sue in the civil courts for compensation, not to punish. The standard of proof is the balance of probabilities: you must show it is more likely than not that the defendant caused your loss.

Torts differ from:

• Crimes: A crime harms society and is prosecuted by the Crown; a tort harms an individual and is pursued privately.
• Contracts: Contracts create duties between parties who have agreed; torts impose duties by law, regardless of agreement.

Negligence

Negligence is the most common tort. To win a negligence claim, you must prove three things:

1. Duty of Care

The defendant must have owed you a legal duty of care. The landmark case Donoghue v Stevenson [1932] 1 AC 562 established that you owe a duty to people who might be affected by your actions. A manufacturer owes a duty to the end-user; a driver owes a duty to other road users; a doctor owes a duty to their patient.

The modern test is the three-stage Caparo test (Caparo Industries PLC v Dickman [1990] 2 AC 605):

1. Was loss or damage foreseeable?
2. Was there proximity (a close relationship) between the parties?
3. Is it fair, just, and reasonable to impose a duty?

2. Breach of Duty

The defendant must have broken the duty by falling below the standard of a reasonable person. A doctor is judged by the standard of a reasonable doctor; a driver by a reasonable driver. The Bolam test applies to professional negligence: did the defendant act as a responsible professional would?

Examples of breach:

• A motorist speeding and hitting a pedestrian.
• A landlord failing to repair dangerous wiring, causing electrocution.
• A shop owner leaving a spillage unattended, leading to a customer's fall.

3. Causation

Your damage must have been caused by the breach. There must be a chain of cause and effect: "but for" the defendant's breach, you would not have suffered loss. If the defendant was only one of several causes, the law may still hold them liable if they materially contributed.

4. Damage

You must suffer actual loss: personal injury, property damage, or financial loss (in limited circumstances). Bare loss of a chance is usually insufficient; the loss must be reasonably foreseeable.

Occupiers' Liability

Occupiers (owners, tenants, or managers of premises) owe duties to people on the land. The law distinguishes between visitors and trespassers.

Occupiers' Liability Act 1957 (Visitors)

An occupier owes visitors a duty to keep the premises safe and warn of dangers. Visitors include invitees (customers in a shop), licensees (friends invited for dinner), and people with lawful authority (council inspectors). The duty includes:

• Ensuring the premises are safe for the purpose the visitor is there.
• Warning of hidden dangers.
• Keeping the premises in safe repair.

A visitor who ignores a clear warning or uses the premises recklessly may be found contributorily negligent, reducing compensation.

Occupiers' Liability Act 1984 (Trespassers)

Occupiers owe a lower duty to trespassers and unlawful visitors: to refrain from creating traps or doing acts with intent to harm. In practice, an occupier who knows (or should know) a trespasser is on the land must warn of dangers or take steps to prevent injury.

Defamation

Defamation is the publication of a false statement that damages reputation. There are two forms:

• Libel: Defamation in permanent form (written, recorded, broadcast).
• Slander: Defamation in transient form (spoken).

Key Elements (Defamation Act 2013)

A statement is defamatory if:

1. It is false.
2. It is published (communicated to a third party).
3. It identifies the claimant.
4. It causes serious harm to reputation.

The Defamation Act 2013 raised the bar: the statement must cause "serious harm" to reputation or economic interests, not merely hurt feelings.

Defences

Truth is an absolute defence. Honest comment on matters of public interest is also protected. Privilege (absolute or qualified) applies in court, Parliament, and certain official reports.

Trespass

Trespass is unlawful interference with rights over land, persons, or goods.

Trespass to Land

Entering or remaining on land without permission is trespass. Unlike negligence, the claimant does not need to prove damage; trespass is wrongful in itself. However, damages may be nominal if no real loss occurred.

Trespass to Person

This covers three acts:

• Assault: A threat or apprehension of immediate unlawful force.
• Battery: Intentional direct contact without consent (even if no injury results).
• False Imprisonment: Unlawful detention or restriction of freedom.

Trespass to Goods

Unauthorised interference with goods owned by another (conversion or detinue) creates a right to sue. The defendant may be liable for the full value of the goods.

Nuisance

Private Nuisance

Unreasonable interference with your use or enjoyment of land. Examples: excessive noise, smoke, odour, vibration, or water damage from a neighbour's property. The test is whether the interference is unreasonable, considering the nature of the locality, the duration, and the social utility of the defendant's activity.

Public Nuisance

An act that obstructs or endangers public rights or endangers the health, safety, or comfort of the public. Examples: blocking a public highway, running an unlicensed waste dump, or allowing asbestos dust to escape. A private person can claim compensation only if they suffer particular loss beyond what the public suffers.

Vicarious Liability

An employer is vicariously liable for an employee's tortious acts committed in the course of employment. The relationship must be employment, not independent contractor status. The act must be sufficiently connected to the employment.

Example: A delivery driver negligently injures a pedestrian. The delivery company is vicariously liable, even if the driver acted carelessly. The injured party can sue the employer or the driver (or both).

Personal Injury Claims Process

Notification and Pre-Action Protocol

Before suing, you must send a letter of claim to the defendant within three years of the injury (or within a reasonable time if a minor is involved). The defendant has 21 days to respond.

Claims Portal

Small claims (under GBP 5,000) and faster-track claims (GBP 5,000 to GBP 25,000) are handled through the Ministry of Justice Claims Portal or court procedure. The defendant may offer settlement.

Settlement or Trial

Most claims settle. If settlement fails, the case proceeds to trial in the County Court (most PI cases) or High Court (high-value or complex cases).

Time Limits (Limitation Act 1980)

• Personal injury: Three years from the date of injury or knowledge of the injury (if later).
• Death: Three years from death or knowledge of death (maximum 12 years from the act).
• Property damage: Six years from the date of damage.
• Contract: Six years (12 years for deed).

Minors and persons lacking capacity have additional time after reaching 18 or regaining capacity. Courts may extend time limits in exceptional circumstances.

Damages

Damages are the financial remedy awarded to the claimant. Types include:

• General damages: Compensation for non-pecuniary loss (pain and suffering, loss of amenity, loss of earnings capacity). These are assessed by the court using guidelines and precedent.
• Special damages: Compensation for quantifiable financial loss (medical costs, lost earnings, transport, care).
• Aggravated damages: Where the defendant's conduct was oppressive or callous, increasing injury.
• Exemplary damages: Rare punitive damages awarded in flagrant breaches of duty (e.g., abuse of power by public bodies).

The claimant must mitigate loss: take reasonable steps to minimise damage.

Common Misconceptions

1. "I don't need proof, just my word": You must prove the claim on the balance of probabilities. Witness evidence, medical records, and expert reports are crucial.

2. "I can sue for emotional distress alone": Psychiatric injury is recognised but is harder to prove; you must show a recognised psychiatric illness, not mere distress.

3. "There's no time limit": There is a three-year limit for personal injury. Do not delay.

4. "Comparative negligence doesn't matter": If you were partly at fault (e.g., you were not wearing a seatbelt), your compensation is reduced proportionately.

5. "Winning in the media wins in court": Public opinion is irrelevant to civil liability. The court applies the law regardless of publicity.

Related Concepts

• Contract law vs tort law
• Criminal law: when does a tort become a crime?
• Insurance and tort claims
• Mediation and dispute resolution
• Professional negligence and liability
• Product liability and consumer rights
• Employment and workplace injury
• Road traffic accidents and liability
• Animal liability and trespass

Sources

1. Legislation.gov.uk: Occupiers' Liability Act 1957, Occupiers' Liability Act 1984, Defamation Act 2013, Limitation Act 1980. https://www.legislation.gov.uk

2. UK Government (GOV.UK): Guidance on personal injury claims, small claims court, and dispute resolution. https://www.gov.uk

3. The Law Society: Professional guidance on tort law, negligence, and civil practice. https://www.lawsociety.org.uk

4. Civil Procedure Rules (CPR): Rules governing civil court proceedings, including personal injury claims.

Disclaimer: This page provides general educational information about UK tort law. It is not legal advice and does not create a solicitor-client relationship. If you have a specific legal issue, consult a qualified solicitor or barrister.

Written by Peter Kolomiets, founder of CaseCalm. Content reviewed 2026-05-28.