Local authority duties: Limited liability

1 Chancery Lane | Personal Injury Law Journal | July/August 2018 #167
In the conclusion to a two-part analysis, Robert Hams, Lord Edward Faulks QC and Paul Stagg examine the implications of the Court of Appeal’s judgment in CN v Poole Borough Council ‘Following CN v Poole, no duty of care can be owed by a local social services authority in the exercise of its child protection …

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Duty of care: Finding fault

1 Chancery Lane | Personal Injury Law Journal | June 2018 #166
In the first of a two-part analysis, Robert Hams, Lord Edward Faulks QC and Paul Stagg summarise the background to the Court of Appeal decision in CN v Poole Borough Council and the line of relevant authorities on negligence ‘It was argued that a line of authorities demonstrated that it was well established that vulnerable …

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Liability: Pure omissions and public authorities

2 Temple Gardens | Personal Injury Law Journal | May 2018 #165
Ruth Kennedy considers the basis upon which liability can be established ‘The general principle is that there is no liability for the wrongdoing of a third party, even where that wrongdoing is foreseeable.‘ This article focuses on liability for pure omissions in tort with a particular focus on public authorities. The general principle of the …

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Local authority duties: Limited liability

Wansbroughs | Family Law Journal | May 2018 #176
In the conclusion to a two-part analysis, Robert Hams, Lord Edward Faulks QC and Paul Stagg examine the Court of Appeal‘s approach to local authority duties and the implications of its judgment in CN v Poole Borough Council ‘Two aspects of the case law militated against liability: the danger of encouraging defensive decision-making, and the …

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Abuse: Protecting children with the help of the Human Rights Act

Slater and Gordon | Personal Injury Law Journal | September 2015 #138
Kim Harrison explains the importance of the Human Rights Act in neglect and sexual exploitation cases ‘In this case, the court was forced to consider the competing human rights of both sides, weigh up and balance whose rights should be paramount, and clearly came down on the side of protecting of this vulnerable child and …

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