header-logo header-logo

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

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

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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
back-to-top-scroll