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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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MOVERS & SHAKERS

Gardner Leader—Charlotte Botham & Belinda Sinnott

Gardner Leader—Charlotte Botham & Belinda Sinnott

Law firm strengthens real estate team with two new partners

DR Solicitors—Sarah Cook

DR Solicitors—Sarah Cook

DR Solicitors strengthens primary care expertise with appointment of legal director

Womble Bond Dickinson—David Varney

Womble Bond Dickinson—David Varney

Womble Bond Dickinson appoints David Varney to strengthen digital practice

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
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