New Torts – Principle And Pragmatism In Uncharted Territory

Tom Matusiak and Harriet Chapman look at some new torts created by judges in recent years.

In the age of big data, fake news, drones, trading algorithms and driverless cars - overlaid with the uncertainties and transition that Brexit brings - litigants in the courts of England can rest assured that judges strive to bring fairness to the challenges presented by society's evolution.

The two main sources of English law are: (i) legislation promulgated by parliament; and (ii) the principles and remedies created by judges. The English common law has been developed over the centuries by judges; that process continues. One of the areas most influenced by judges is tort, which can roughly be described as the civil law of non-contractual duties (or 'delict' as the equivalent is called in some jurisdictions). Negligence is an example of a tort.

In striving to do justice and/or fill gaps in the law, judges have...