header-logo header-logo

Do thy duty

20 November 2008
Issue: 7346 / Categories: Features , Public , Community care
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
Peter Kandler’s honorary KC marks long-overdue recognition of a man who helped prise open a closed legal world. In NLJ this week, Roger Smith, columnist and former director of JUSTICE, traces how Kandler founded the UK’s first law centre in 1970, challenging a profession that was largely seen as 'fixers for the rich and apologists for criminals'
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
back-to-top-scroll