Liability of Public Bodies

• What is a public body?

  •  Government DepartmentA government agency (e.g, The NHS, The Police Service, The Fire Service)Local Authority
• X (Minors) v Bedfordshire County Council [1995] 2 AC 633


   A public body can, in the right circumstances, be found liable for negligence"Unless such a duty [of care] would be inconsistent with, and is therefore excluded by, the legislation from which their powers or duties are derived"
• GN v Poole BC [2019] UKSC 25 per Lord Reed


  "Public bodies do not owe a duty of care at common law merely because they have statutory powers or duties, even if, by exercising their statutory powers, they could prevent a person from suffering harm"
• Morrison Sports Ltd v Scottish Power [2010] UKSC 37


  If the statute includes a penalty for a breach then no common law remedy
• Dawson v Bingley Urban District Council [1911] 2 KB 149


  If the statute does not provide a method of enforcement then Parliament must have intended that a remedy should be available at common law
• Osman v UK [1999] 1 FLR 193


  the claimants asserted that the killer had been known to be a threat, but that insufficient protection had been given by the police.Held: The UK's complete immunity for the police for operational decisions was too broad, and it was capable of infringing the human right of protection of life.
• Stovin v Wise [1996] 3 WLR 388 criteria


   Is the conduct or omission complained of within the power of thepublic body?• Does the public body have a duty to do something?• If yes:-• did the public body• fail to exercise their power without due cause; or• exercise their power unreasonably?
• The Fire (Scotland) Act 2005


  Duties of a fireman
• s8(1) Scottish Fire and Rescue Service


  Must make provision for the purpose of promoting fire safety in its area
• s9(1)(a) Scottish Fire and Rescue Service


  Must make provision for the purpose of extinguishing fires in its area
• Rowling v Takaro Properties Ltd [1983] AC 473


  The third [matter] is the danger of overkill. It is to be hoped that, as a general rule, imposition of liability for negligence will lead to a higher standard of care in the performance of the relevant type of act; but sometimes not only may this not be so, but the imposition of liability may even lead to harmful consequences. In other words, the cure may be worse than the disease'.
• Santander UK plc v Keeper of Registers of Scotland 2013 SLT 362 OH


  Is the act or omission complained of a matter of policy or an operational matter?In the Santander UK plc v Keeper of Registers of Scotland case, Santander appealed against the refusal of registration of a standard security in Scotland, which contained a power of attorney clause that was considered invalid under Scottish law. The court held that the clause was indeed invalid and could not be excised, resulting in the refusal of registration.
• Barrett v Enfield London Borough Council [2001] 2 AC 550


  An examination of the facts may be necessary to determine justiciability
• The Delictual Liability of Public Bodies - Omissions


  Generally no liability in delict for omissions• "it is less of an invasion of an individual's freedom for the law to require him to consider the safety ofothers in his actions than to impose upon him a duty to rescue or protect" Stovin v Wise per Lord Hoffman
• Robinson v Chief Constable of West Yorkshire [2018] UKSC 4


  Reasserted the incremental approach to duty of careOrdinary principles of negligence, namely the omissions rule and its exceptions, apply to public authoritiesThe police do not benefit from any special immunity from liability based on public policy
• Four factors for delict of omission


  our factors• A has assumed responsibility for B / assumed responsibility to protect B from the danger - Hedley Byrne v Heller and Partners [1964] AC 465• A has done something that prevents C from protecting B from the danger - Chief Constable of Essex v Transport Arendonk BvBA [2020] WLUK 192• A has a special level of control over the danger - Dorset Yacht Co v Home Office [1970] AC 1004• A's status creates an obligation to protect B from the danger - e.g. A is B's employer
• Gibson v Orr (1999)


  Case involving a claim against the police for negligence in failing to erect warning signs on a damaged bridge, which resulted in a car accident and injuries to the plaintiff and passengers
• Lord Hamilton also commented on the evolving interpretation of the Hill case and the potential reconsideration of the scope of public policy immunity accorded to the police in some English decisions, citing the Osman v United Kingdom case
• Applying the act vs omission distinction in negligence liability


  • Fire brigade is liable for a positive act worsening the damage but not for failing to extinguish the fire
• Hampshire case


  1. Station Officer Mitchell ordered C's sprinkler system to be turned off

  2. This was a negligent mistake that had an adverse effect on restraining the fire

  3. Led the fire to spread and destroy the entire building
• London case


  1. C's industrial premises were showered with flaming debris from nearby explosion

  2. Fire brigade left the scene without inspecting

  3. Fire later broke out
• West Yorkshire case


  1. C's chapel was destroyed by a fire

  2. Fire brigade failed to extinguish

  3. Alleged negligence for failing to ensure that fire hydrants were working
• Jesus Christ of Latter Day Saints v Yorkshire Fire and Civil Defence Authority [1997] QB 1004


  Public policy rejects liability of fire authorities for failure to supply water.
• AJ Allan (Blairmyle) Ltd v Strathclyde Fire Board 2016 CSIH 3


   Attending fire but didn't notice roof fire· The fire reignited and burned down once they had left the scene.· The duty was only not to make the situation worse.there will be no liability unless the result is worse than would have occurred without intervention...
• Kent v Griffiths (No.3) [2001]


  she miscarried due to ambulance arriving late when she had breathing difficulties. Ambulance found negligent.This case established a legal precedent for the duty of care owed by emergency services to individuals in need of urgent medical attention, and the liability for damages resulting from negligence in providing that care.
• Aitken v Scottish Ambulance Service [2011] CSOH 49


  Ambulance turned up after 12 minutes and they could not help, They called another ambulance after a while and they got her to hospital but she had died.. This case established a legal precedent for the duty of care owed by emergency services to individuals in need of urgent medical attention, and the liability for damages resulting from negligence in providing that care.
• Mitchell v Glasgow City Council [2009] 1 AC 874


  A case where the local authority had not been under a duty to warn a tenant that his neighbour might resort to violence after being informed that he risked being evicted
• A duty to warn another person that he was at risk of loss, injury or damage as the result of the criminal act of a third party would arise only where the person who was said to be under that duty had by his words or conduct assumed responsibility for the safety of the person who was at risk
• In the instant case, the local authority had not been under a duty to warn a tenant that his neighbour might resort to violence after being informed that he risked being evicted
• Macdonald v Aberdeenshire council 2014


  accident they had was due to road markings being faded, not found to be negligent in this case.
• Gorringe v Calderdale Metropolitan Borough Council [2014] UKHL 15


  A highway authority's failure to place a marking or to install a road sign warning motorists that they were approaching a dangerous part of the road did not constitute a breach of its duty under the Highways Act 1980 s.41
• Ryder v Highland Council [2013] CSOH 95Cairns v Dundee City Council [2017] CSOH 86

  • lost control of her car due to slippery road and died.alleged that the behaviour of local authority was negligenttheir policy of keeping up the road was negligent itselfthey did not carry out maintenance in the road as there was "No point" - however, there was nothing else they could've done as rain would have washed it away.