S v Gloucestershire County Council; L v Tower Hamlets London Borough Council [2000] 3 All ER 346 (CA) – Law Journals

Local authority duties: Limited liability

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 …

Continue reading "Local authority duties: Limited liability"

This post is only available to members.

Duty of care: Finding fault

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 …

Continue reading "Duty of care: Finding fault"

This post is only available to members.

Local authority duties: Limited liability

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 …

Continue reading "Local authority duties: Limited liability"

This post is only available to members.

Local authority duties: Finding fault

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 ‘A duty of care is not normally owed to protect a person from the actions of …

Continue reading "Local authority duties: Finding fault"

This post is only available to members.

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

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 …

Continue reading "Abuse: Protecting children with the help of the Human Rights Act"

This post is only available to members.