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20 November 2008
Issue: 7346 / Categories: Features , Public , Community care
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Do thy duty

Kenneth Warner examines public bodies and the common law duty of care

When is it right that a public authority acting in pursuance of its statutory functions should be held accountable by way of the tort of negligence? On the consensus of contemporary case law: rarely. This is a position which is surely socially controversial.

In Jain v Trent Strategic Health Authority [2007] EWCA Civ 1186; [2008] 2 WLR 456, the Court of appeal by majority (Lady Justice Arden and Lord Justice Wilson; Lord Justice Jacob dissenting) held that no duty of care in negligence arose on the part of the defendant authority (Trent) in making an urgent ex parte application to a magistrate for immediate cancellation of the registration of the plaintiff s’ nursing home. The application was granted and the nursing home was closed.

The residents were moved to other accommodation and the Jains’ business was extinguished. Although their appeal under the statutory procedure to a registered homes tribunal succeeded, they were unable to revive it. The Jains had suffered a pure economic

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NEWS
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
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