Week 21: Public Bodies Flashcards
Identify public bodies. (3).
- Government departments
- Government agencies (the NHS, the Police Service and the Fire Service)
- Local Authorities
X (minors) v Bedfordshire County Council [1995] 2 AC 633
A public body can, in the right circumstances, be found liable for negligence
GN v Poole BC [2019] UKSC 25
Liability of Public Bodies
- Unless such a duty of care would be inconsistent with and is therefore excluded by the legislation from which their powers or duties are derived.
- Public bodies do not owe a duty of care at common law merely because they have statutory powers or duties, even if, by exercising their statutory powers, they could prevent a person from suffering harm
Dawson v Bingley urban District Council [1911] 2 KB 149
If the statute does not provide a means of enforcement, Parliament must gave intended that a common law remedy should be available
Osman v UK [1999] 1 FLR 193
Estbalished the Osman Test:
Any positive obligation imposed on a public authority must not impose an impossible or disproportionate burden on the authority.
What was the test established to determine whether a public body is liable, as established in Stovin v Wise [1996] 3 WLR 388.
Test for determining liability
- Is the conduct or omission complained of something that was within the power of the public body
- Did the public body have a duty to do something - Yes or No.
- If yes, did the public body:-
- Fail to exercises their power without due cause, or
- Exercise their power unreasonably
What is the issue with provisions that say ‘ To make provision for Fire Brigades to extinguish fires’
- Open for interpretation i.e. hosing down smokers, what then is the penalty if they fail to do so? etc.
Rowling v Takaro Properties Ltd [1983] AC 473
Generally Ministers don’t owe a duty of care.
Are policy disputes justiciable in relation to liability of public bodies.
No.
Are operational disputes (i.e delegation of resources, decision-making etc.) justiciable? (Liability of public bodies)
Yes.
Describe the circumstances around Stovin v Wise.
- Generally, no liability in delict for omissions
- It is less of an invasion of an individual’s freedom for the law to require him to consider the safety of others in his actions than to impose upon him a duty to rescue or protect
- Local authority failed to remove an obstruction at a junction
- Not fair or reasonable to impose the duty on the local authority and therefore the appeal was successful
- Liability of local authorities
Robinson v Chief Constable of West Yorkshire [2018] UKSC 4
Duties of care arise for omission in specific circumstances.
Hedley Bryne v Heller and Partners [1964] AC 456
D has assumed responsibility for P/assumed responsibility to protect P from the danger
- Bank provided a credit reference about a business P was about to contract with
- Bank entered an exclusion clause
- P’s business partner goes into liquidation
- P suffers financial loss despite assurances from the Bank
Liability for omission.
Chief Constable of Essex v Transport Arendonk BvBA [2020] WLUK
D has done something that prevents X from protecting P from the danger
- Driver of a lorry brought into police station for suspicion of drink driving
- Theives stole items from the lorry
- Police held liable for the stolen goods.
Liability for omissions.
Dorset Yacht Co v Home Office [1970] AC 1004
D has a special level of control over the danger
- Boys tried to escape from a borstal
- Used P’s boat
- P brought an action for damages sustained to the boat.
Liability for omissions.
What are the four circumstances in which there is liability for omission?
- D took responsibility to protect P from danger
- D does something that prevents X from protecting P
- D has a special level of control over the danger
- D’s status creates an obligation to protect P from the danger
Gibson v Orr 1999 SC 420
- Bridge collapsed
- Police secure one side, fail to secure the other
- Car drives into the river on the other side.
Liability of the police
Robinson v Chief Constable of West Yorkshire
Liability of the police.
Here, an Act, causing harm or exacerbating already existing harm, Mrs Robinson was elderly and frail, she was going about her business, police tried to apprehend an accused, old lady fell over, she brings an action, are the police liable? , court agreed, it was reasonably foreseeable then when conducting an arrest, that the accused may run away, therefore any injury sustained as a result is contemplatable
Generally are the fire brigade liable for damages sustained as a result of fire?
No, unless they make matters worse.
Capital and Counties PLC v Hampshire County Council [1997] QB 1004
- Capital: Fire brigade attended a fire, switched off prinklet system in the building, talking about omissions and how making matters worse, however must consider with/without intervention, if they had not turned off the sprinkelers the building wouldn’t have burned down, therefore were it not for the act, the situation wouldn’t have been as bad.
Liability of the fire brigade.
Jesus Christ of Latter Day Saints v Yorkshire Fire and Civil Defence Authority [1997] QB 1004
Debris on neighbouring land.
Liability of the Fire Service.
Aj Allan (Blairmyle) ltd v Strathclyde Fire Board 2016 CSIH 3
Fire Brigade not liable for additional damages caused by water damages as a result of the fire damage.
Liability of the fire brigade.
Kent v Griffiths (No.3) [2001] QB 36
Ambulance arrived, got to hospital, ambulance service could not sent one earlier, ambulances available
Liability for ambulances (Extension of medical negligence)
Aitken v Scottish Ambulance Service [2011] CSOH 49
Seizure, ambulance dispatched, car sent, complications, need to wait on an ambulance, patient dies, person took the call and assumed responsibility, falls under medical negligence
Liability for ambulances.
