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Do thy duty

20 November 2008
Issue: 7346 / Categories: Features , Public , Community care
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Kenneth Warner examines public bodies and the common law duty of care

When is it right that a public authority acting in pursuance of its statutory functions should be held accountable by way of the tort of negligence? On the consensus of contemporary case law: rarely. This is a position which is surely socially controversial.

In Jain v Trent Strategic Health Authority [2007] EWCA Civ 1186; [2008] 2 WLR 456, the Court of appeal by majority (Lady Justice Arden and Lord Justice Wilson; Lord Justice Jacob dissenting) held that no duty of care in negligence arose on the part of the defendant authority (Trent) in making an urgent ex parte application to a magistrate for immediate cancellation of the registration of the plaintiff s’ nursing home. The application was granted and the nursing home was closed.

The residents were moved to other accommodation and the Jains’ business was extinguished. Although their appeal under the statutory procedure to a registered homes tribunal succeeded, they were unable to revive it. The Jains had suffered a pure economic

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MOVERS & SHAKERS

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

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As he steps down as Chancellor of the High Court, Sir Julian Flaux reflects on over 40 years in law, citing independence, impartiality and integrity as guiding principles. In a special interview with Grania Langdon-Down for NLJ, Sir Julian highlights morale, mentorship and openness as key to a thriving judiciary
Dinsdale v Fowell is a High Court case entangling bigamy, intestacy and modern family structures, examined in this week's NLJ by Shivi Rajput of Stowe Family Law
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