Public bodies owing a duty of care

Question 1

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

Answer 1

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

Question 2

What FJR factors will the court consider for public authorities?

Answer 2

• 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?

Question 3

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

Answer 3

Operational

Rigby v Chief Constable of Northamptonshire