9780198925231-Ch1

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CHAPTER 1 Introduction

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legal and a public matter. The relatively abstract nature of the law with which this case deals should not detract from the fact that at the heart of this case is the loss of a life of a young man, whose family is bereaved, after he fell to his death at a London Underground station. (at [1]) 96 It is sometimes easy to forget, in our rush to skip to the end—to find the decision or ratio —or to understand the judge’s reasoning, the humanity around which tort law revolves. In so doing, we risk downplaying or instrumentalising the human story: the individuals, with families and friends, who have experienced (and often are continuing to experience) often upsetting, sometimes tragic, occasionally criminal, events or sets of circumstances which lead to the case coming to court in the first place. 97 Alternatively, we may become so caught up in details of a particular case, we fail to see the bigger picture: the junior doctor overworked within an under-resourced NHS, the rail worker working alone overnight at an under-staffed Tube station or the impact of industrialisation. We may overlook the impact of the event or circumstances on those who fall outside the nar row confines of the parties to the case or ‘relevant’ facts: on extended family members, school friends, co-workers or professionals who work in support services. At other times we might find ourselves failing to consider the impact on the defendant of being (and feeling) responsible in such circumstances—whatever the outcome of the case: the parent who booked a bouncy castle for their child’s birthday party that led to another child being seriously injured, the homeowner whose friend accidentally falls out of a window while visiting their home.

1.6 Conclusion In this introductory chapter we have considered the obvious, but essential, question: what is tort law? The answer has taken us from its origins in the simple mispronuncia tion of the French word for ‘wrong’—tort—imported into England with the Norman 96. The decision and reasoning in Ovu is discussed in detail in section 11.4 . 97. It is worth remembering here too that many cases don’t make it to court (and/or into the pages of a textbook). Cases are settled, or, for a variety of reasons—including lack of funds—are never brought in the first place. 98. This is particularly the case in Chapters 2, 6, 15 and 20 , however discussion may also arise in other chapters. 99. e.g. we have chosen not to link to videos where victim-survivors discuss the impact of their experiences, though we do refer to newspaper reports and articles where we feel this will aid your understanding of the issues raised by the case. But, of course, not all defendants—or indeed claimants—are sympathetic. We know that there a number of cases in the book where the facts may well be difficult to read and encounter, particularly, but not only, those relating to child abuse, domestic and intimate partner abuse and violence, and sexual violence and assault. 98 We’ve tried, as far as possible, to limit our discussion of the facts in these cases within the body of this textbook, while not intending to minimise—or, worse, sensationalise—the experiences of victim-survivors. 99 However, you may find more detailed discussion in the judgments and accompanying academic and media com mentary. If you are upset by anything you read, please do take a break and seek support from someone you trust. PROPERTY OF OXFORD UNIVERSITY PRESS