Date: Thu, 22 Nov 2007 12:21

From: Charles Mitchell

Subject: Liability of public bodies

Does a (UK) local authority owe a duty of care to the owners of a registered nursing home when exercising its powers under the Registered Homes Act 1984 to apply to a magistrate for an immediate order for the cancellation of the registration of the proprietor of the nursing home without giving the proprietor any notice? Yes, said the trial judge, but no says a majority of the English CA in Jain v Trent Strategic Health Authority [2007] EWCA Civ 1186. Perhaps not very surprising given the general drift of English authorities governing the negligence liability of public bodies, but still, a hard case which prompted an interesting difference of opinion between the appellate judges.

CM

Professor Charles Mitchell
School of Law
King's College London
Strand
London WC2R 2LS

tel: 020 7848 2290
fax: 020 7848 2465

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