From: | Robert Stevens <robert.stevens@law.ox.ac.uk> |
To: | obligations@uwo.ca |
Date: | 06/06/2019 12:45:55 UTC |
Subject: | UKSC Poole v GN, negligence liability of a public body |
Commendably clear decision of the UKSC on the liability for negligence of failing to exercise statutory powers to protect children from harm. The (hopeless) decision of the UKHL in X v Beds, which failed to adequately distinguish between (i) negligently taking a child into care and (ii) negligently failing to take a child into care, confined as an error of the past, along with its woolly policy based reasoning. Dicey's principle, that we have the same rights against public bodies as we do against everyone else, subject to statutes creating special immunities, privileges or actionable duties, reasserted again. Assumption of responsibility continues its rehabilitation, Caparo cast into outer darkness.
Looking back (and looking at other less fortunate jurisdictions), the swing case was Stovin v Wise, which was decided 3:2.
If only they could now sort out the vicarious liability disaster, but that probably requires another Hoffmann.
https://www.supremecourt.uk/cases/docs/uksc-2018-0012-judgment.pdf
www.supremecourt.uk
Page 4 the effect that the council, in the exercise of its housing functions, owed Amy and the children a duty of care to protect them from abuse and anti-social behaviour by
|