NEGLIGENCE LIABILITY OF PUBLIC BODIES: LOCATING THE INTERFACE BETWEEN PUBLIC AND PRIVATE LAW

THE law on the negligence liability of public bodies is complex and in a state of evolution. Underlying it is a tension between public and private law. Public bodies exercise discretionary powers granted by Parliament and their decisions often involve policy-making of a political nature. They are ch...

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Bibliographic Details
Published in:Cambridge law journal 2011-07, Vol.70 (2), p.294-296
Main Author: Tofaris, Stelios
Format: Article
Language:English
Subjects:
Administrative law
Breach of duty
CASE AND COMMENT
Civil negligence
Court decisions
Duty of care
Judicial power
Legal liability
Liability
Medical care
Negligence
Political participation
Privacy rights
Statutory law
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Summary:THE law on the negligence liability of public bodies is complex and in a state of evolution. Underlying it is a tension between public and private law. Public bodies exercise discretionary powers granted by Parliament and their decisions often involve policy-making of a political nature. They are challengeable in public law, which is concerned with the validity of the action taken, rather than compensation. In contrast, the tort of negligence seeks to compensate the victims of careless actions. The difficulty, arising at the interface of the two legal spheres, is how to deal with claims in negligence against public bodies exercising their statutory powers. English courts apply the ordinary rules of negligence, but public law considerations play a role within them. The nature and scope of these considerations has recently been examined in 'Connor v. Surrey County Council' [2010] EWCA Civ 286, [2010] 3 W.L.R. 1302.
ISSN:0008-1973
1469-2139
DOI:10.1017/S0008197311000419