What is a private law claim for Breach of statutory duty?

A private law claim for breach of statutory duty is a claim that:

1. •

   the defendant was under a statutory duty to do something

2. •

   that something was not done, and

3. •

   the breach of duty resulted in damage to the claimant

A claim for breach of statutory duty, if it gives rise to a cause of action in private law, will be possible against any entity that is subject to that duty, whether a Public authority or a private body. One example of a statutory provision which gives rise to a private law action is section 41 of the Highways Act 1980 (HiA 1980) which allows users of the highway to sue for a failure to maintain the highway.

In addition, where a public authority acts in breach of a statutory duty, an individual who has been adversely affected may be entitled to bring a public law claim seeking Judicial review of the Authority’s actions.

However, many statutory