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)
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?
3
Q
Can public bodies be held liable for operational or policy matters?
A
Operational
Rigby v Chief Constable of Northamptonshire