header-logo header-logo

Call of duty

02 September 2010 / Kenneth Warner
Issue: 7431 / Categories: Features , Damages , Personal injury
printer mail-detail

Kenneth Warner highlights the courts’ reluctance to invoke a duty of care for unconventional forms of damage

In the modern era, with the dramatic extension of paternalistic functions delegated to local authorities, we have seen a commensurate exposure of these bodies to liability under the principles of negligence law. Where the damage in issue comprises the standard sort of direct physical injury, the situation is a straightforward one, and the standard negligence enquiry ensues.

More recently however, other types of damage, which may yet be regarded as personal injury, have presented a much more complex circumstance. Litigation has been pursued against public authorities in relation to a range of other types of harm, including psychiatric illness (D v E Berkshire NHS Trust [2005] 2 AC 373, [2005] 2 WLR 993); physical and emotional neglect and suffering (X v Bedfordshire CC); enforced separation of young child from mother (M v Newham BC); failure to diagnose dyslexia in a young child (E v Dorset DC); failure to provide a child with a school place (Keating v Bromley LBC [1995]

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll