PUBLIC AUTHORITY DOFC

Question 1

Which case set out 5 criteria where public authority can be liable?

Answer 1

X v BEDFORDSHIRE CC

Question 2

5 criteria in X v BEDFORDSHIRE CC

Answer 2

1. Common law neg
2. Breach of statutory duty
3. Misfeasance in public office
4. Breach of EU law
5. Violations specific HRA obligations

Question 3

The two categories of public authority

Answer 3

PURE = govt, direct part of state

NON PURE = only liable when performing public function

Question 4

Which case highlights consequences of increased public authority liability

Answer 4

HILL 1988

Question 5

4 consequences in HILL 1988

Answer 5

1. Fear of defensive policing
2. Tort should not act as a spur to make police do their job -> already doing their best
3. Courts are not appropriate body to monitor police
4. Court cases undesirable diversion of public resources

Question 6

4 criteria for statute liability of pub body

Answer 6

1. Courts believe it accords with parliament intention
2. C is in class protected by statute
3. C suffered consequential damage
4. It is the only remedy

Question 7

Case for statutory liability of pub body

Answer 7

BARRET v ENFIELD 1999

Question 8

Facts BARRET v ENFIELD 1999

Answer 8

• C in care age 10-17, sued authority for failing to protect home from various harms whilst in care
• different from X v Bedfordshire cc as that was DofC owed BEFORE in care
• Satisfied CAPARO test once child was in care of public authority