Public bodies owing a duty of care Flashcards

1
Q

What is the relevance of powers or duties derived from statutes?

A
  • liability of a public authority may be restricted by statutory powers/ duties (CN and GN v Poole Borough Council)
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2
Q

What FJR factors will the court consider for public authorities?

A
  • tax payers are the ones who actually pay the damages
  • defensive practices (fear of litigation) (Hill v Chief Constable of West Yorkshire)
  • flood gates opening
  • insufficient proximity (unidentifiable victim) (Hill v Chief Constable of West Yorkshire)
  • Social Action, Responsibility and Heroism Act 2015
  • operational or policy?
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3
Q

Can public bodies be held liable for operational or policy matters?

A

Operational

Rigby v Chief Constable of Northamptonshire

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