Public Authority Liability Flashcards
1
Q
East Suffolk Rivers Board v Kent
A
The East Suffolk Principle; Just because a public authority has or hasn’t exercised a statutory duty does not give rise to a DOC something more is needed
- A high tide caused a sea wall breach which flooded C’s land
- D had a statutory duty to repair the walls which was being carried out too slow
- Held: Not liable as they had not created a DOC to C specifically
2
Q
Capital Counties v Hampshire
A
Where the D has made the situation worse for the C
- A fire started in a building and the sparkler system was shut off by the fire officer
- The fire restarted as it wasn’t properly extinguished
- A DOC was owed as they had made the damage worse by shutting off the sprinkler
3
Q
Munroe v London Fire Brigade
A
where the D has assumed responsibility for the C specifically; Fire Brigade:
- Effects company accidentally lit a neighbours property on fire
- the fire brigade put out the fire but it relit later on
- Held No DOC was owed
4
Q
Michaels v South Whales Police
A
where the D has assumed responsibility for the C specifically; Police:
- an emergency call was made that her ex was going to kill her
- it was routed to the wrong police station
- she called back and it was accidentally downgraded in priority; the operator never said anything that would make a DOC arise
- no DOC was held on the facts as there was no assumption of care
- (maybe wrongfully decided)
5
Q
Kent v Griffiths
A
where the D has assumed responsibility for the C specifically; Ambulance:
- a GP called for an ambulance for his patient which too 4 mins to arrive
- Held: a DOC will be owed by ambulances
- once they accept the call the DOC crystallizes and they assume responsibility
6
Q
Barrett v Enfield
A
on the application of the Caparo test regarding social services cases
- a 17 year old was in 10 different homes over the years and suffered as a result
- A DOC was held to be owed by social services
