Tort Law in English Law

Tort law is a part of English law that deals with civil wrongs. A tort happens when one person’s actions cause harm or loss to another person, and the injured person seeks compensation through the courts. Unlike criminal law, which punishes offenders, tort law focuses on helping the injured person (called the “claimant”) by awarding damages or other remedies.

Tort law is all about protecting people from harm — whether it’s physical, financial, or emotional. It steps in when one person’s actions unfairly hurt another. If someone crashes into your car, damages your property, or spreads false rumours about you — tort law gives you a way to get justice, usually through compensation.

What makes tort law unique is that it’s not based on contracts or criminal charges. You don’t need to prove someone broke a deal or committed a crime — just that they breached a duty of care or acted wrongly.

Common examples of torts include:

• Negligence – where someone fails to take reasonable care (e.g. a careless driver causing an accident).

• Nuisance – affecting someone’s use and enjoyment of land (e.g. loud noise or pollution).

• Trespass – interfering with someone’s property without permission.

• Defamation – harming someone’s reputation by making false statements.

At the core of modern tort law lies the landmark case of Donoghue v Stevenson [1932], which established the foundational principle of the duty of care. This case introduced the idea that individuals owe a responsibility not to harm others who might reasonably be affected by their actions — an idea that still shapes how tort cases are decided today.

▶️ Learn more about the law of tort in practice in this short introductory video, delivered by our senior SQE lecturers.

Key features of tort law in English law:

• No contract needed: Tort law works even if the people involved were not in a contract.

• Focus on duties: Everyone has a legal duty to act carefully and not cause harm to others.

• Compensation for harm: If someone breaks that duty and another person suffers as a result, the person who was harmed can usually claim compensation (damages) in court.

Tort law is one of the key substantive areas assessed in the Solicitors Qualifying Examination (SQE), especially in SQE1, where candidates are tested on their knowledge of core legal principles.