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...
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...
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...
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...
STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness...
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...
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...
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...
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...
STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness...
STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness...
Introduction Claims under the Human Rights Act 1998 (HRA 1998) are of potential relevance to personal injury practitioners particularly where the claimant would be left...
Claims against local authorities In some cases, the question arises whether a local authority has a duty of care to a child such as where a child has been under a care...
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...
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...