part 6 Flashcards
X (minors) v Bedfordshire County Council [1995]
a public body can in the right circumstances, be found liable for negligence
GN v Poole BC
Local authorities do not have a duty to protect from harm from third parties
Morrison Sports Ltd v Scottish Power 2020
if a statute includes penalty for a breach, then there is no common law remedy
Dawson v Bingley Urban District Council
If a statute does not provide means of enforcement, parliament has intended that a common law remedy should be available
Osman v UK
Where granting police immunity of a suit was held as a violation of article 6 of the ECHR
Rowling v Takaro Properties ltd 1983
Can Cure be worse than the disease
where gov ministers had duty to private companies
Santander UK PLC v Keeper of the registers of Scotland 2013
Is the act or omission complained of a matter of policy or an operational matter
Barrett v enfield London Borough Councl 2011
and examination of the facts may be necessary to determine justiciability
Justiciability
Is the court able to try the issue according to law
Chief Constable of Essex Police v Transport Arendock BvBA 2020
liability found where truck drivers cargo was stolen while he was detained
liability arisen where public bodies have stopped prevention of harm
Dorset Yacht Co v Home Office 1970
Where boys from a youth detention centre escaped and damaged a yacht
liability arose where public bodies had assumed care of a third party
Smith v Chief Constable of Sussex
If aware of a specific risk to a specific individual, liability arises
Michael v chief constable of South Wales 2015
Duty is not owed to the public at large
Where delay in response led to murder of women by ex partner
Tindall v Chief constable of thames valley police 2024
an authority is not liable to pay compensation unless, using the same principles, a private individual would have been liable
Chief constable of Northamptonshire Police v Woodcock
Common law does not impose liability generally for omissions
Police do not owe a duty to individuals to protect them from harm arising from third party criminl actions
forseeability of harm is not sufficient to give rise to such a duty or to the narrower, duty to warn
Van Colle v Chief constable of Hertfordshire 2008
hill Principle applied
even if risk was forseeable, no duty arises from police
Rathband v Chief Constable of Northumbria Constabulary 2016
Police officer shot by Raoul Moat after he had said he was going to kill police officers
No duty was found to protect one specific officer, hill principle
Thomson v Scottish Ministers 2013
No duty of care arose for release of a man from jail who killed someone
