Table of Cases |
|
xxvii | |
Table of Legislation |
|
lvii | |
1 The Problem of Public Authority Negligence Liability |
|
1 | (22) |
|
A Why Has the Search for Stable Principles Proven so Elusive? |
|
|
|
1 The intersection between private and public law |
|
|
|
|
|
b Liability for omissions |
|
|
|
2 The intersection of law and politics |
|
|
|
3 Protecting public authorities and compensating the deserving |
|
|
|
|
|
1 Public authorities treated like private parties: pre 1970s |
|
|
|
2 Recognition of significance of public nature: 1970 to late 1980s |
|
|
|
3 Public policy restrictions on duties: late 1980s to late 1990s |
|
|
|
4 Rejection of blanket policy considerations: late 1990s to mid 2000s |
|
|
|
5 Growth of alternative methods for limiting liability: mid 2000s onwards |
|
|
|
6 Possibility of statutory reform |
|
|
2 Justiciability |
|
23 | (48) |
|
|
|
1 Overview of justiciability |
|
|
|
|
|
3 Structure of this chapter |
|
|
|
B The Meaning of Justiciability |
|
|
|
1 Technical/functional competence of court to resolve dispute |
|
|
|
a Issues unsuitable for judicial resolution |
|
|
|
|
|
2 Place of the courts within the democratic process |
|
|
|
C Tests for Determining Justiciability |
|
|
|
1 The approach taken in the Dorset Yacht and X cases |
|
|
|
a Ultra vires decisions and public law hurdles |
|
|
|
b The policy/operational distinction |
|
|
|
c Criticism of the vires and policy/operational tests |
|
|
|
2 The approach to justiciability in the Barrett and Phelps cases |
|
|
|
a Departure from strict vires test |
|
|
|
b Departure from strict policy/operational test |
|
|
|
c Summary of justiciability in the Bo vett and Phelps cases |
|
|
|
3 Evaluation of the Barrett and Phelps approach |
|
|
|
a Meaning of 'justiciability' unclear |
|
|
|
b Problems of use of vires test and policy/operational distinction |
|
|
|
c Meaning of 'suitability' for judicial determination |
|
|
|
4 Revisiting X/Dorset Yacht and Barrett/Phelps: Connor v Surrey CC? |
|
|
|
D Applications of Justiciability Tests to Particular Areas of Law |
|
|
|
|
|
2 Education and social services |
|
|
|
3 Police and emergency services |
|
|
|
|
|
5 Health policy, and health and safety, and other regulators |
|
|
|
|
|
|
|
8 Summary of factors considered in determining justiciability |
|
|
|
E An Alternative Approach to Justiciability |
|
|
|
1 Focus on the 'form' of a decision |
|
|
|
2 Application to decided cases |
|
|
|
|
|
F Underlying Difficulty of Justiciability Determinations |
|
|
3 Duty of Care |
|
71 | (72) |
|
|
|
1 Meaning of 'duty of care' |
|
|
|
B Determining Whether a Duty of Care is Owed |
|
|
|
1 The Anns approach and its decline |
|
|
|
|
|
3 Incrementalism and public authorities |
|
|
|
4 Development of the Caparo tripartite test |
|
|
|
5 When is the tripartite test applicable? |
|
|
|
|
|
b Infliction of physical injury by a direct and positive act |
|
|
|
6 Shifting away from the tripartite test? |
|
|
|
7 The elements of the tripartite test |
|
|
|
C Caparo Test: Foreseeability |
|
|
|
|
|
|
|
2 Grounds for denying proximity |
|
|
|
a Claimant as indistinguishable from general public |
|
|
|
b Conflicting duties owed to someone other than claimant |
|
|
|
3 Grounds for establishing proximity |
|
|
|
a Categorical relationships |
|
|
|
|
|
c 'Special relationships' and 'assumption of responsibility' |
|
|
|
4 Rationale for proximity rules |
|
|
|
a Liability to unlimited class |
|
|
|
b Rationale for proximity rules in conflict cases |
|
|
|
E Article 6 of the European Convention on Human Rights and the Duty of Care |
|
|
|
1 The decisions in the Osman and Z cases |
|
|
|
|
|
|
|
2 The continuing impact of Article 6 following the Z case |
|
|
|
a Procedural versus substantive bars to access to the court |
|
|
|
b Article 6 and public policy |
|
|
|
|
|
1 Rationale for restrictions on liability for economic losses |
|
|
|
2 Categorizing losses as economic or physical in defective property cases |
|
|
|
3 Circumstances in which liability can be imposed for pure economic losses |
|
|
|
4 Public authorities and pure economic losses |
|
|
|
a Purchasers of defective property |
|
|
|
b Over-zealous and careless regulation |
|
|
|
|
|
|
|
|
|
a 'Participants' in traumatic events |
|
|
|
|
|
|
|
|
|
|
|
1 Rationale for act/omission distinction |
|
|
|
2 Proximity and omissions |
|
|
|
3 When can liability be imposed for a pure omission? |
|
|
|
a Failure to exercise statutory powers |
|
|
|
b Affirmative duties to act at common law |
|
|
|
|
|
4 Distinguishing between acts and omissions |
|
|
|
|
|
b Precluding alternative means of protection |
|
|
4 Arguments of Public Policy |
|
143 | (62) |
|
A Introduction: The Third Limb of the Caparo Test |
|
|
|
1 Applicable policy considerations |
|
|
|
2 Principles underpinning policy concerns |
|
|
|
|
|
B Public Policy Arguments |
|
|
|
1 The remedying of wrongs and private party analogies |
|
|
|
a Rationale for private party analogies |
|
|
|
b Infliction of physical injury by a direct and positive act |
|
|
|
c Private party analogies in cases not involving direct infliction of physical harm |
|
|
|
|
|
|
|
|
|
c Analysis of resources arguments |
|
|
|
|
|
|
|
|
|
c Analysis of defensiveness arguments |
|
|
|
d The current approach to defensiveness arguments |
|
|
|
4 Delicate relationships and multi-disciplinary practices |
|
|
|
|
|
|
|
|
|
|
|
|
|
c Analysis of flood-gates arguments and the courts' current approach |
|
|
|
|
|
|
|
|
|
c The courts' current approach and analysing alternative remedies arguments |
|
|
|
7 Duty of care, conflict, and underlying purpose of public authority powers |
|
|
|
a Nature of policy consideration |
|
|
|
|
|
c Non-regulatory authorities |
|
|
|
8 Benefits of imposing a duty of care |
|
|
|
C Conclusion: Changing Approaches to the 'Fair, Just and Reasonable' Limb |
|
|
|
1 The policy considerations rejected in the Barrett and Phelps cases |
|
|
|
2 Shift to other techniques to limit liability |
|
|
|
3 Shift from 'consequential' to 'separation of powers' arguments |
|
|
|
4 Evidence and public policy arguments |
|
|
5 Other Aspects of Negligence Claims |
|
205 | (48) |
|
|
|
B Breach of Duty and Standard of Care |
|
|
|
1 Application of the Bolam test |
|
|
|
a When will a defendant be regarded as a 'professional'? |
|
|
|
b First limb of Bolam test |
|
|
|
c Second limb of Bolam test |
|
|
|
d The Bolam test and causation |
|
|
|
e The Bolam test and public authorities |
|
|
|
f Limits of the Bolam test |
|
|
|
2 The standard of care when responding to an emergency |
|
|
|
a Lack of time for considered thought and other relevant circumstances |
|
|
|
b Weighing public benefit of defendant's activities |
|
|
|
3 Failure to follow government guidance |
|
|
|
4 Negligence and ultra wires acts |
|
|
|
5 Resource constraints on public authorities and the standard of care |
|
|
|
6 Can liability be established without proving fault? |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
3 Damages in educational and social services cases |
|
|
|
E Vicarious and Direct Liability |
|
|
|
|
|
2 Public authorities and direct liability |
|
|
|
|
|
G Strike-out Applications and Summary Judgment |
|
|
|
|
|
2 Changes brought about by the CPR |
|
|
|
3 Relationship between summary judgment and strike-out applications |
|
|
|
4 Summary judgment of factual issues |
|
|
|
5 Determining whether a duty of care is owed at preliminary hearings |
|
|
|
a The impact of the decision in Osman v United Kingdom |
|
|
|
b The decision in Z v United Kingdom |
|
|
|
c The current approach to summary dismissal of claims for want of duty of care |
|
|
6 Alternative Remedies |
|
253 | (38) |
|
|
|
B Misfeasance in Public Office |
|
|
|
|
|
|
|
a Exercise of public power by public officer |
|
|
|
|
|
3 Damages in misfeasance claims |
|
|
|
a Is proof of loss necessary? |
|
|
|
b What form of material damage must the claimant establish? |
|
|
|
c Exemplary damages in misfeasance claims |
|
|
|
|
|
5 Vicarious liability and exemplary damages |
|
|
|
C Breach of Statutory Duty |
|
|
|
|
|
2 Breach of statutory duty and negligence claims |
|
|
|
3 Does breach of statutory duty give rise to right to damages? |
|
|
|
a Duties imposed to protect particular class of person |
|
|
|
b Alternative means of enforcing statute |
|
|
|
c Alternative approach: statutes imposing welfare or administrative duties |
|
|
|
4 Standard of care and causation |
|
|
|
|
|
E Non-judicial Means of Obtaining Redress |
|
|
|
|
|
a Complaints of maladministration |
|
|
|
|
|
c Complaints to the Ombudsmen and legal remedies |
|
|
|
d Advantages and disadvantages of pursuing complaints through Ombudsmen |
|
|
|
2 Internal complaints procedures |
|
|
7 Human Rights Act 1998 |
|
291 | (64) |
|
|
|
B The Structure of the HRA |
|
|
|
C The European Convention on Human Rights: General Principles |
|
|
|
1 Convention rights imposing positive obligations |
|
|
|
a Standard of care in positive obligations cases |
|
|
|
2 Margin of appreciation and discretionary area of judgment |
|
|
|
D The European Convention on Human Rights: Convention Rights |
|
|
|
1 Article 2: Right to life |
|
|
|
a Nature of the obligation under Article 2 |
|
|
|
b Article 2 and common law negligence claims |
|
|
|
c Article 2 and specific public authorities |
|
|
|
2 Article 3: Prohibition on inhuman or degrading treatment or punishment |
|
|
|
a Ill-treatment falling within the ambit of Article 3 |
|
|
|
b Knowledge of ill-treatment |
|
|
|
c Nature of public authorities' obligations under Article 3 |
|
|
|
d Children abused by public authority employees |
|
|
|
e Investigations of child abuse allegations |
|
|
|
f Failure to investigate and prosecute crimes committed by non-state actors |
|
|
|
3 Article 8: Failure to prevent interference with private and family life and home |
|
|
|
a Article 8 in child care cases |
|
|
|
b Environmental harm and interference with the home |
|
|
|
c Administration of benefits, welfare support, child maintenance: Limitations on the scope of Article 8 |
|
|
|
|
|
4 Article 2 of the First Protocol: The right to education |
|
|
|
|
|
1 HRA principles for determining damages |
|
|
|
a Discretionary nature of the award under the HRA |
|
|
|
|
|
c Taking into account the consequences of an award of damages |
|
|
|
d Must the claimant establish fault to be awarded damages? |
|
|
|
e Relationship with the ECHR |
|
|
|
2 The approach taken by the European Court of Human Rights |
|
|
|
|
|
|
|
|
|
d Quantum of damages in specific areas |
|
|
|
3 UK courts' decisions on damages under the HRA |
|
|
8 Social Services |
|
355 | (68) |
|
|
|
|
|
1 Breach of statutory duty |
|
|
|
2 Common law duty of care |
|
|
|
a Introduction and summary of law |
|
|
|
b The decision in the X case |
|
|
|
c The policy factors in the Xcase |
|
|
|
d The development of the law following the Xcase |
|
|
|
|
|
|
|
a Application of the Bolam test |
|
|
|
b Children injured in accidents at home |
|
|
|
c Children abused in institutional care |
|
|
|
|
|
a Conduct in the 'course of employment' |
|
|
|
b Tortfeasors who are not employees of the defendant |
|
|
|
|
|
|
|
|
|
C Specific Instances of Social Service Negligence |
|
|
|
1 Responses to evidence of abuse by third parties |
|
|
|
a Over-zealous investigation of abuse |
|
|
|
b Failure to protect children or vulnerable adults from harm |
|
|
|
2 Children not properly looked after while in local authority care |
|
|
|
a Negligent decisions as to upbringing of child in care |
|
|
|
b Accidental physical injuries to child in care |
|
|
|
c Children abused by foster parents and adopting parents |
|
|
|
3 Deliberately inflicted physical and sexual abuse of those in care |
|
|
|
a Vicarious liability for deliberately inflicted physical harm and sexual abuse |
|
|
|
b Negligent failure to prevent abuse |
|
|
|
c Limitation periods in child abuse cases |
|
|
|
|
|
4 Harm caused by children for whom a public authority is responsible |
|
|
|
a Harm caused to adopting and fostering parents |
|
|
|
b Harm caused to third parties |
|
|
|
5 Registration of care providers |
|
|
|
a Harm caused by an unsuitable care provider |
|
|
|
b Financial losses caused to care providers |
|
|
|
|
|
1 Damages awarded in KR v Bryn Alyn Community Ltd |
|
|
9 Education |
|
423 | (74) |
|
|
|
|
|
2 Structure and content of this chapter |
|
|
|
B Accidents, Health, and Physical Safety of Pupils |
|
|
|
|
|
|
|
b Accidents on school premises outside regular school hours |
|
|
|
c Injuries suffered by pupils while not under the care of the school |
|
|
|
|
|
a Overly rigorous scrutiny by the courts inappropriate |
|
|
|
b Reasonable levels of supervision |
|
|
|
c Reasonable parent or reasonable educator? |
|
|
|
d Does the Balm test apply to health and safety at school? |
|
|
|
e Determining the standard of care in specific situations |
|
|
|
f Failure to follow guidance |
|
|
|
|
|
|
|
a Vicarious liability and unauthorized acts |
|
|
|
b Direct and vicarious liability |
|
|
|
5 Specific instances of physical injury suffered at school |
|
|
|
a Injuries sustained during supervised activity in school |
|
|
|
b Injuries sustained playing sports |
|
|
|
c Injuries sustained in the playground during break-time |
|
|
|
d Injuries sustained at school before or after the school day |
|
|
|
e Injuries sustained during off-site activities organized by the school |
|
|
|
f Injuries sustained in transportation of pupils to and from school |
|
|
|
g Injury to children escaping school premises |
|
|
|
|
|
|
|
2 Educational professionals who owe duties of care |
|
|
|
a Educational psychologists |
|
|
|
b Classroom teachers and head-teachers |
|
|
|
|
|
3 Liability for poor quality of teaching |
|
|
|
|
|
|
|
a Application of 'but for'/greater than 50 per cent chance test |
|
|
|
b Nature of 'different outcome' that must be established |
|
|
|
6 Damages and the nature of injury suffered in educational negligence claims |
|
|
|
a Failure to ameliorate a congenital learning difficulty |
|
|
|
|
|
c Is educational harm a form of personal injury or an economic loss or a separate category of injury? |
|
|
|
|
|
|
|
|
|
c Alternative approach: awarding a fixed sum in damages |
|
|
|
8 Vicarious and direct liability |
|
|
|
|
|
a Applicable limitation period |
|
|
|
b Date of knowledge in educational negligence claims |
|
|
|
c Discretionary extension of limitation period |
|
|
|
10 Costs and importance of identifying negligence precisely |
|
|
|
|
|
|
|
|
|
|
|
a Is there a duty to prevent bullying which occurs out of school? |
|
|
|
4 Was the claimant a victim of bullying? |
|
|
|
|
|
|
|
b Failure to follow guidance on bullying |
|
|
|
|
|
|
|
E Assaults on, and by, Staff at School |
|
|
10 Police |
|
497 | (76) |
|
|
|
|
|
|
|
|
|
b Vicarious liability for unauthorized acts |
|
|
|
|
|
a Distinguishing between cases in which the Caparo tripartite test does and does not apply |
|
|
|
|
|
|
|
C Specific Instances of Police Negligence |
|
|
|
1 Harm caused directly by the police |
|
|
|
|
|
b Discharge of firearms and similar devices |
|
|
|
c Damage caused during a search of premises |
|
|
|
|
|
2 Failure to deal with hazards created by third parties |
|
|
|
a Pure failure to deal with a hazard |
|
|
|
b Taking responsibility for a hazard |
|
|
|
3 Failure to prevent crime |
|
|
|
a Overview of current law |
|
|
|
b Unknown members of the public as victims |
|
|
|
c Police officers as victims of crime |
|
|
|
d Victim known to be at particular risk |
|
|
|
e Presence of police officers at the scene of a crime |
|
|
|
f Police informants as victims of crime |
|
|
|
g Police in position of control over third party |
|
|
|
4 Liability to victims and witnesses for manner in which crime is investigated |
|
|
|
a General exclusion of liability |
|
|
|
b Provision of counselling and support |
|
|
|
c Failure to protect victim from harassment |
|
|
|
d Investigation not intended to lead to conviction |
|
|
|
5 Liability to suspects for manner in which crime is investigated and prosecuted |
|
|
|
a General exclusion of liability |
|
|
|
b Investigation for the purpose of the prosecution of the claimant |
|
|
|
c Police disciplinary investigations |
|
|
|
d Disclosure of allegations of criminal misconduct |
|
|
|
e Circumstances in which a duty may be owed to suspects |
|
|
|
6 Individuals injured while attempting to evade arrest |
|
|
|
7 Liability to representatives of suspects |
|
|
|
|
|
b Protection from physical injury |
|
|
|
|
|
|
|
a Property not properly protected by the police |
|
|
|
|
|
c Property used in the investigation of crime |
|
|
|
9 Claims brought by police officers |
|
|
|
|
|
|
|
10 Liability arising from detention and the provision of emergency services |
|
|
11 Detention |
|
573 | (30) |
|
|
|
B Liability to Individuals Harmed While in Detention |
|
|
|
|
|
2 Detainees accidentally injured |
|
|
|
3 Detainees injured by others in detention |
|
|
|
|
|
b Standard of care and causation |
|
|
|
4 Liability for suicide or self-harm of detainees |
|
|
|
a Knowledge of suicide risk |
|
|
|
b Reasonable steps to prevent suicide |
|
|
|
c Significance of suicidal prisoner being of sound mind |
|
|
|
d Individuals injuring themselves while attempting to escape detention |
|
|
|
C Detainees Harmed by Decision to Release Them from Custody |
|
|
|
1 Detainee at physical risk |
|
|
|
2 Released detainee at risk of other forms of harm: the Clunis case |
|
|
|
|
|
|
|
D Liability for Failure to Release an Individual from Custody |
|
|
|
1 Article 5 and claims for false imprisonment |
|
|
|
|
|
a Is there any continuing role for negligence claims? |
|
|
|
b When will a duty of care be owed? |
|
|
|
E Crimes Committed by Individuals Escaping or Released From Custody |
|
|
|
1 Harm caused during course of escape |
|
|
|
2 Harm caused to unknown members of the public |
|
|
|
3 Cases lying between the Dorset Yacht and the Palmer and K cases |
|
|
12 Emergency Services |
|
603 | (28) |
|
|
|
B Matters of General Application |
|
|
|
|
|
|
|
a Physical harm inflicted by a direct and positive act |
|
|
|
b Failure to prevent harm |
|
|
|
|
|
a Application of the Bo/am test |
|
|
|
b The standard of care when responding to an emergency |
|
|
|
C Liability of the Different Emergency Services |
|
|
|
|
|
|
|
|
|
c Liability for non-fire fighting functions |
|
|
|
|
|
e Breach of statutory duty |
|
|
|
|
|
|
|
|
|
|
|
|
|
a Failure to prevent harm |
|
|
|
b Positive creation of danger |
|
|
|
|
|
a Failure to respond to an emergency call |
|
|
|
D Current Law on Emergency Services and Areas of Difficulty |
|
|
|
1 Should the Kent case be applied to coast-guards? |
|
|
|
2 The effect of the Barrett, Phelps, Gorringe, and Michael cases on emergency services |
|
|
|
3 Third parties ceasing rescue because of involvement of emergency services |
|
|
13 Health and Safety Regulators |
|
631 | (50) |
|
|
|
1 Definitions and sources of regulators' powers |
|
|
|
2 The nature of regulation |
|
|
|
B General Principles: Duty of Care |
|
|
|
|
|
2 Application of the Caparo test: directly and indirectly inflicted physical damage |
|
|
|
3 The elements of the Caparo test |
|
|
|
a Proximity/Assumption of responsibility |
|
|
|
|
|
4 Liability for pure economic losses |
|
|
|
a Requirements for imposing liability |
|
|
|
b Purchase of unsafe property |
|
|
|
c Commercial interests affected by regulation |
|
|
|
d Negligent misstatement made by regulatory authority |
|
|
|
C Specific Areas of Regulation |
|
|
|
|
|
|
|
b The regulatory framework |
|
|
|
c Physical damage to property or persons |
|
|
|
|
|
|
|
a The regulatory framework |
|
|
|
b Economic losses caused to purchasers of defective premises |
|
|
|
c Physical damage to person or property |
|
|
|
3 Safety regulation of commercial premises and machinery |
|
|
|
a The regulatory framework |
|
|
|
b Physical damage to persons or property |
|
|
|
|
|
|
|
a The regulatory framework |
|
|
|
|
|
c Physical damage to persons or property |
|
|
|
|
|
a The regulatory framework |
|
|
|
b Facilities and safety equipment |
|
|
|
c Formulation of rules of a sport |
|
|
|
|
14 Planning, Environmental, Banking, and Professional Regulation |
|
681 | (32) |
|
|
|
|
|
1 The regulatory framework |
|
|
|
2 Types of negligence claim brought against planning authorities |
|
|
|
3 Property damage and personal injury |
|
|
|
a Third party primarily responsible for property damage or personal injury |
|
|
|
b Planning authority itself responsible for creating source of danger |
|
|
|
4 Economic losses occasioned by determination of planning permission or issuing of enforcement notice |
|
|
|
5 Economic losses occasioned by negligent advice given by planning authorities |
|
|
|
a Assumption of responsibility |
|
|
|
|
|
|
|
C Environmental Authorities |
|
|
|
|
|
2 The regulatory framework |
|
|
|
3 Personal injury and damage to property |
|
|
|
a Danger created by regulatory authority |
|
|
|
b Failure to control a third party |
|
|
|
|
|
|
|
1 The regulatory framework |
|
|
|
|
|
a Claims in negligence against financial regulators |
|
|
|
b Misfeasance in public office |
|
|
|
E Bodies Regulating Professions |
|
|
|
|
|
|
|
a Professionals harmed by investigation or disciplinary action |
|
|
|
b Claims brought by members of public |
|
|
|
|
|
a Failure to investigate or discipline dangerous practitioners |
|
|
|
b Failure to provide general warnings and advice to practitioners |
|
|
15 Highways |
|
713 | (44) |
|
|
|
|
|
|
|
B Breach of Statutory Duty: Highways Act 1980, s 41 |
|
|
|
|
|
a Meaning of 'maintain' the highway |
|
|
|
b Injury caused by defects in the highway |
|
|
|
c Injury must be physical |
|
|
|
2 Standard of care and the statutory defence |
|
|
|
a Maintaining the highway free from danger |
|
|
|
|
|
c Standard of care and accumulation of ice and snow |
|
|
|
C Common Law Claims: General Principles |
|
|
|
1 Relationship between breach of statutory duty and common law claims |
|
|
|
|
|
a The decision in Gorringe and the distinction between acts and omissions |
|
|
|
b Precluded pure omissions cases |
|
|
|
|
|
|
|
a Taking account of dangerous drivers |
|
|
|
b Application of the Bolam test |
|
|
|
|
|
D Specific Instances of Common Law Negligence Claims |
|
|
|
|
|
|
|
b Other dangers in the construction of roads |
|
|
|
c Policy considerations and road construction |
|
|
|
|
|
a Street light itself posing physical hazard |
|
|
|
b Positioning of street lighting misleading motorists |
|
|
|
c Failure to exercise power to light the highway |
|
|
|
3 Road signs and other 'street furniture' |
|
|
|
a Road signs or other street furniture itself posing physical hazard |
|
|
|
b Road signs misleading motorists |
|
|
|
c Failure to exercise power to provide signs |
|
|
|
4 Failure to deal with accumulation of ice, snow, water, or other transient defects on the highway |
|
|
|
|
|
b Claims by adjoining landowners |
|
|
|
5 Obstructions to visibility on the highway |
|
|
16 Housing and Land Use |
|
757 | (38) |
|
|
|
B Other Causes of Action Available to Claimants |
|
|
|
|
|
|
|
b Defence of statutory authority |
|
|
|
|
|
|
|
C Careless Performance of Statutory Housing Functions |
|
|
|
|
|
a Breach of statutory duty |
|
|
|
|
|
2 'Right-to-buy' legislation |
|
|
|
|
|
b Negligent failure to disclose defects |
|
|
|
c Denial by local authority of 'right to buy' |
|
|
|
3 Negligence in allocation of social housing |
|
|
|
D Liability for Misbehaviour of Third Parties |
|
|
|
1 Justiciability of claim |
|
|
|
2 The distinction between tenants and licensees/trespassers |
|
|
|
3 Liability for the misbehaviour of tenants |
|
|
|
|
|
|
|
|
|
4 Liability for the misbehaviour of licensees/trespassers |
|
|
|
a Interference with enjoyment of land |
|
|
|
b Interference arising from 'use' of the defendant's land |
|
|
|
c Nuisance 'continued' or 'adopted' by the local authority |
|
|
|
d Evidence needed to establish that nuisance was continued or adopted |
|
|
|
e Is mere knowledge of a nuisance always sufficient? |
|
|
|
5 Criticism of the distinction between tenants and licensees/trespassers |
|
|
|
|
|
|
|
|
|
a Failure to build or improve sewers |
|
|
|
b Operational failure and acts not covered by statutory scheme |
|
|
|
c Nuisance created by positive act of sewerage undertaker |
|
|
|
3 Noise and pollution from other sources |
|
|
|
a Public authority acting pursuant to statutory scheme |
|
|
|
b Public authority not acting pursuant to statutory scheme |
|
|
|
c Land used in the public interest |
|
|
|
d Environmental hazards not arising from 'use' of defendant's land |
|
|
17 Armed Forces |
|
795 | (22) |
|
|
|
B Injuries Suffered before 1987: Statutory Immunity and the Crown Proceedings Act 1947, s 10 |
|
|
|
1 Time and place of injury |
|
|
|
|
|
3 Crown immunity and Article 6 of the European Convention on Human Rights |
|
|
|
C Suspension of Statutory Immunity |
|
|
|
|
|
1 Rationale for combat immunity |
|
|
|
2 Combat immunity and the identity of the claimant |
|
|
|
|
|
E Specific Examples of Claims Against the Armed Forces |
|
|
|
1 Active engagement with the enemy |
|
|
|
2 Careless planning of military operations |
|
|
|
3 Peacekeeping and policing operations carried out by Armed Forces |
|
|
|
4 Injuries sustained during training |
|
|
|
5 Injuries unconnected to combat |
|
|
|
|
|
6 Pure economic losses suffered by members of the Armed Forces |
|
|
|
a Disputes as to terms of service |
|
|
|
|
18 Miscellaneous Public Authority Functions |
|
817 | (22) |
|
A Health Warnings and Health Policy |
|
|
|
|
|
2 Health information and warnings |
|
|
|
a Failure to provide health warnings |
|
|
|
b Provision of misleading health information |
|
|
|
|
|
|
|
a Failure to withdraw unsafe drugs |
|
|
|
b Economic losses to drugs manufacturers |
|
|
|
B Provision of Social Security Benefits and Enforcement of Child Maintenance |
|
|
|
|
|
C Other Aspects of Public Administration |
|
|
|
|
|
2 Provision of information concerning land ownership |
|
|
|
3 Information provided by courts |
|
|
|
|
|
5 Immigration advice and decisions |
|
|
|
6 Taxation advice and decisions |
|
|
|
|
Index |
|
839 | |