The following PI & Clinical Negligence practice note Produced in partnership with Catriona Stirling of Cloisters provides comprehensive and up to date legal information covering:
A private law claim for breach of statutory duty is a claim that:
the defendant was under a statutory duty to do something
that something was not done, and
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 duties do not give rise to a cause of action in private law. Most claims against public authorities are therefore brought in negligence rather than for a breach of statutory duty.
For example, in the personal injury field, section 69 of the Enterprise and Regulatory Reform Act 2013 has amended section 47 of the Health and Safety at Work etc. Act 1974
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.You should also consider if the proceedings will be
BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies,
Overlapping insurance policesThere are various reasons why an insured may end up with overlapping insurance cover, whether deliberately or otherwise.Examples include the situation where the insured takes the benefit of other insurance arranged by another party or where, in the commercial world, risk
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.