Public authorities and the state

Public authorities and the state guidance:

When will a public authority owe a duty of care? The Supreme Court considered the duty of care owed by public authorities in the cases of Michael and Robinson. In...

Practice Note

Practitioners should note that in relation to claims against employers, on 1 October 2013, s 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) rewrote s 47...

Practice Note

What is a private law claim for breach of statutory duty? A private law claim for breach of statutory duty is a claim that: • the defendant was under a statutory duty to...

Practice Note

Introduction The police force is a pure public authority (ie performs only public functions). Therefore, claims can be brought against it under the Human Rights Act 1998...

Practice Note

[In the High Court of Justice OR In the County Court at [insert]] Claim No: [insert claim number] [Division] Claim issued on [day of month 20xx] Between 1 1 [insert name...

Precedents

Liability False imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises...

Practice Note

What is a public authority? A public authority is some manifestation or emanation of the state that exercises a public function. The distinction between a private body...

Practice Note

Background It is helpful to put the law relating to military claims into historical context. Until 1987, section 10 of the Crown Proceedings Act 1947 (CPA 1947) prevented...

Practice Note

The tort of misfeasance Misfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public authorities. There...

Practice Note

[In the High Court of Justice OR In the County Court at [insert]] Claim No: [insert claim number] [Division] Claim issued on [day of month 20xx] Between [insert name and...

Precedents

IN THE HIGH COURT OF JUSTICE QUEEN’S BENCH DIVISION Parties [THE CLAIMANT] by his litigation friend [LITIGATION FRIEND] Claimant -and- [THE DEFENDANT] Defendant...

Precedents

Introduction A claimant may be able to pursue a claim under the Human Rights Act 1998 (HRA 1998) against a public authority for a breach of their convention rights under...

Practice Note

Limitation issues Claims for abuse are often presented many years after the events giving rise to them. It is usual practice in cases involving allegations of sexual...

Practice Note

There are a number of circumstances in which the common law offers no remedy but a claim under the Human Rights Act 1998 (HRA 1998) may still be possible or where HRA...

Practice Note

There are a number of circumstances in which the common law offers no remedy but a claim under the Human Rights Act 1998 (HRA 1998) may still be possible, or where HRA...

Practice Note
Trending Topics
Scottish Law In-House COVID-19