Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law Second Year > Tort Law - Public Authorities > Flashcards

Tort Law - Public Authorities Flashcards

1
Q

What case Allowed action against local G, utilities, regulators and emergency services?

A

Mersey Docks and Harbour Board Trustees v Gibbs 1866

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

W v Home Office general

A

Liberian asylum-seeker

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What sections of HRA require ‘just satisfaction’ compensation for breach of s.6

A

S.7 and s.8

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

No action as defensive/divergent resources points outweighed individualised justice

A

W v Home Office

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Father, daughter, 10 days

A

MAK v UK

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What does the Caparo story show

A

Removal of barriers to DoC, but factors likely still relevant to determine breach

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

X v Bedfordshire on vires

A

Lord B-W criticised Diplock’s reliance on ultra vires

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What judge in what case criticised Ziplock’s reliance on UV test?

A

Lord B-W in X

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

If irrationality isn’t a substitute for ordinary negligence, how is it relevant?

A

May only apply for significant strategic discretion, otherwise same test as for negligence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the sixth case in the Caparo story?

A

MAK v UK

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What judge and in what case said existence of discretion is insufficient to preclude DoC

A

Lord Slynn in Barrett v London Borough of Enfield

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What case starts the story on justiciability?

A

Dorset Yacht - Diplock’s UV test

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Where does the story for Caparo start?

A

X

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is an example of a policy decision?

A

Budgetary priorities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What case used AR to create DoC outside of PEL

A

Phelps v Hillingdon LBC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Shrubs not trimmed

A

Yetkin v Mahmood

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Name at least two cases which cover when it is not FJR to impose a duty?

A

W v Home Office, Jain v Trent Strategic Authority, Hill v Chief Constable of West Yorkshire and Desmond v Chief Constable of Nottinghamshire Policy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Caparo v Dickman for public authorities

A

Apply first two stages, but change third according to composition of body

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What judge in Anns v Merton LBC said statutory scheme did not preclude DoC

A

Lord Wilberforce

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

W v Home Office judgment

A

No action as defensive/divergent resources points outweighed individualised justice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

S.7 and s.8 HRA

A

‘Just satisfaction’ compensation for breach of s.6

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Gorringe v Calderdale general

A

SLOW

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Romeo v Conservative Commission

A

Australian judge found distinction unconvincing - private individuals don’t escape liability by arguing they should determine resource allocation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Who said there is a lack of empirical evidence to support Law Com reform suggestions?

A

Morgan

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Phelps v Hillingdon LBC

A

Confirmed Barrett’s test of justiciability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Former partner, wrongly classified

A

Michael v Chief Constable of South Wales

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Until when did public authorities have immunity from liability?

A

1947

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

What did X say on if there is overlap in policy/operational category?

A

Look to proportions to decide DoC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Why did Law Com Reform proposals fail?

A

Costings concerns and increase governmental liability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

What in particular did Law Commission find unsustainable?

A

FJR

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Look to purpose of system to see if DoC would frustrate public body in deciding what info to pass on

A

Desmond v Chief Constable of Nottinghamshire Police

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

Swinney v Chief Constable

A

Exception to Smith v Chief Constable for informant in potential danger (although no DoC on facts of fact)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Exception to Smith v Chief Constable for informant in potential danger

A

Swinney v Chief Constable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

What was the standing of public authorities and liability prior to 1947?

A

Complete immunity as ‘the king can do no wrong’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

Name the five tests of liability

A

Vires, discretion, irrationality, justiciability and policy/operational distinction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

How many reasons were there for why no DoC in X?

A

Five

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

Barrett v Enfield LBC general

A

Adoption, psychiatric depressive illness

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

What was the minority position on justiciability in Smith v MoD?

A

worried about need to look at how MoD allocate their budget, assessing G decisions on how much to allocate etc

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

L&O on Bailey and Bowman on policy/operational distinction

A

Clearer to keep FJR separate, abandoning UV would let court focus on discretion for duty and justiciability at breach and justiciability would be desirable in duty stage to challenge existence and avoid full trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

Who expressed doubt about irrationality point of Hoffmann in Stovin v Wise, and in what case?

A

Steyn in Gorringe v Calderdale

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

What is an example of how factors removed as barriers to DoC could still be relevant?

A

Relevant for breach - delicate matter so someone else might have done the same

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

What Act removed immunity of public authorities completely?

A

Crown Proceedings Act 1947 section 2

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

Michael v Chief Constable of South Wales general

A

Former partner, wrongly classified

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

What judge in D v East Berkshire advocated tort developing in harmony with Convention?

A

Lord Bingham

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

Phelps v Hillingdon LBC judgment

A

Educational psychologist owed DoC as knew advice would be followed - relied on AR

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

What was the majority position on justiciability in Smith v MoD?

A

Unconcerned

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

What judge in what case doubted Lord Wilberforce in Anns v Merton LBC?

A

Lord Hoffmann in Stovin v Wise

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

External mechanism of redress

A

Public enquiries

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

HoL judgment in D v East Berkshire

A

Duty cannot be inconsistent with single-minded pursuit of statutory purpose

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

When is Caparo applied?

A

When C complains of practical manner in which act was performed, NOT in taking of discretion to do an act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

Adoption, psychiatric depressive illness

A

Barrett v Enfield LBC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

Third case in Caparo story?

A

W v Essex CC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
53
Q

How can one see influence of EU law on Law Com reforms?

A

Requirement of ‘serious fault’, like ‘sufficiently serious’ test

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
54
Q

Cornford on Law Com reforms

A

Lack of clarity and coherence in key concepts, and objected to state excluding liability for ‘mere’ negligence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
55
Q

Van Colle v Chief Constable of Hertfordshire judgment

A

HoL affirmed possibility of positive obligation on police to protect Art.2 when there is a ‘real and immediate risk’ (Osman v UK)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
56
Q

Position of Lord Bingham in D v East Berkshire

A

Minority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
57
Q

TP v UK judgment

A

Violation of Article 8 NOT through taking child, but behaviour after

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
58
Q

How did the Law Commission suggest reform of public bodies area?

A

Think of redress in terms of three mechanisms - internal, external and remedies by ombusman, so that redress by tort goes alongside these other mechanisms

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
59
Q

Despite Hoffmann’s antipathy to policy/operational distinction, how did he treat it as relevant?

A

Said budgetary questions fell within unreviewable discretion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
60
Q

W v Essex CC general

A

Sexually abusive foster child

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
61
Q

Anns v Merton LBC general

A

Soundness of foundations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
62
Q

Stovin v Wise on Caparo

A

When considering FJR, always have regard to statuary scheme and remedies therein, as well as statutory limitations and exclusions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
63
Q

What are the two separate claims that can exist side-by-side in actions against public authorities?

A

One at common law and one under ECHR

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
64
Q

Hill v Chief Constable of West Yorkshire judgment

A

police immunity in investigations, but not for routine activities.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
65
Q

Lord Bingham in D v East Berkshire

A

Advocated tort developing in harmony with Convention

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
66
Q

Why did Lord Hoffmann find policy/operational distinction inadequate?

A

Often elusive and even if clear it doesn’t necessarily mean there should be a DoC - needs to be ‘in effect a public law duty to act’, so that it is irrational to do anything BUT implement decision

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
67
Q

Who applauded tone in Phelps for moving away from blanket immunity?

A

Fairgrieve

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
68
Q

Restrictive approach to superimposing common law duties on a statutory framework

A

Stovin v Wise

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
69
Q

Mersey Docks and Harbour Board Trustees v Gibbs

A

Allowed action against local G, utilities, regulators and emergency services

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
70
Q

Fifth case in Caparo story?

A

D v East Berkshire Community Health NHS Trust

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
71
Q

Who first articulated the policy/operational sphere distinction and in what case?

A

Lord Wilberforce in Anns v Merton LBC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
72
Q

X on careless performance of statutory duty

A

Does not in itself give rise to a cause of action

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
73
Q

Why are the judgments of Z v UK and TP v UK important?

A

Not binding, but s.2 HRA makes courts regard to ECHR judgments when Convention right is involved

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
74
Q

What judge and in what case relied on vires test of liability?

A

Lord Diplock in Dorset Yacht

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
75
Q

Bailey on reform of public authority area

A

Ex gratia schemes are more satisfactory than expanding tort law, as lower costs and broader in scope

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
76
Q

Smith v Chief Constable of Sussex Police on assumption of responsibility

A

No DoC of police to intervene to protect public at risk of criminal injury, even if threat is specific and imminent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
77
Q

Gorringe on creation of source of danger

A

Not in case but maybe on other facts, e.g. inducing careful motorist into path of danger

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
78
Q

West v Buckinghamshire CC judgment

A

Policy/operational distinction used to find no DoC arose

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
79
Q

Enough evidence of real and immediate risk for Art.2 - court unanimously agreed on pursuit of Art.2 claim

A

Michael v Chief Constable of South Wales

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
80
Q

What is the conferral of benefits test suggested by Law Com?

A

Did statute intend to confer X benefit on C?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
81
Q

Soundness of foundations

A

Anns v Merton LBC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
82
Q

East Suffolk Rivers Catchment Board v Kent general

A

Sea wall HoL

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
83
Q

Stovin v Wise on statutory duty, judgment approach

A

Restrictive approach to superimposing common law duties on a statutory framework

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
84
Q

What did Anns v Merton LBC predate?

A

predated generalised liability for negligent conduct, accepted some years after conception in Donoghue

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
85
Q

Costello v Chief Constable of Northumbria Police general

A

Officer attacked, other nearby to help

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
86
Q

How did Lord Keith use the operational/policy distinction in Rowling v Takaro?

A

It filters out non-justiciable cases, and ‘suitability for judicial resolution’ is what underlies distinction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
87
Q

When considering FJR, always have regard to statuary scheme and remedies therein, as well as statutory limitations and exclusions

A

Stovin v Wise

88
Q

Who called it a ‘troubling comment on the functioning of SP’ that G rejected Law Com Reforms?

A

Sedley LJ

89
Q

CoA judgment in D v East Berkshire

A

X now wrong - s.6 HRA tips balance so that defensive/diversion of resources arguments no longer work as already liable under HRA

90
Q

Sedley LJ on Law Com Reform rejection

A

‘troubling comment on the functioning of SP’ that G rejected Law Com Reforms

91
Q

What did L&O argue in response to Morgan on Law Com reforms?

A

Argued empirical evidence surveys are few in number and generally inconclusive

92
Q

What case showed DoC arise from AR, but no general duty as police officer?

A

Costello v Chief Constable of Northumbria Police

93
Q

Crown Proceedings Act 1947 section 2

A

Removed immunity of public authorities completely

94
Q

Anns v Merton LBC judgment

A

Statutory scheme did not preclude DoC, predated generalised liability for negligent conduct, accepted some years after conception in Donoghue

95
Q

Informer v Chief Constable judgment

A

DoC owed, but AR limited to physical safety and wellbeing, not financial loss

96
Q

What two cases cover creation of a source of danger giving AR?

A

Gorringe and Yetkin v Mahmood

97
Q

Stovin v Wise general

A

Large pile of earth

98
Q

Where is Wednesbury unreasonableness from?

A

Associated Provincial Picture Houses v Wednesbury Corp

99
Q

X to ECHR

A

Z v UK

100
Q

What test did Lord Reid rely on in Dorset Yacht?

A

Discretion test

101
Q

Who doubted the utility of UV in public law?

A

Craig

102
Q

Yetkin v Mahmood general

A

Shrubs not trimmed, central reservation

103
Q

Who believes operational/policy distinction is underlined by suitability for judicial resolution?

A

Lord Keith; Rowling v Takaro Properties

104
Q

Who found irrationality in Stovin v Wise by failing to implement decision to act?

A

Lord Nicholls (dissenting)

105
Q

Successful claims for omission to carry out statutory responsibilities with affirmative duties if private individual would also have been liable

A

Welton v North Cornwall DC

106
Q

Yetkin v Mahmood on creation of source of danger

A

CoA distinguished Gorringe as council ITSELF responsible for creating hazard

107
Q

TP v UK general

A

Newham to ECHR

108
Q

Old people home, neglect

A

Jain v Trent Strategic Authority

109
Q

X v Bedfordshire CC on UV

A

HoL rejected Diplock’s UV test

110
Q

Gorringe v Calderdale judgment on statutory framework imposing affirmative duties

A

No DoC - C’s fault

111
Q

What year was Mersey Docks and Harbour Board Trustees v Gibbs?

A

1966

112
Q

what is the political strand to justiciability?

A

Weighing up competing and incommensurate social interests

113
Q

No DoC of police to intervene to protect public at risk of criminal injury, even if threat is specific and imminent

A

Smith v Chief Constable of Sussex Police

114
Q

What are three considerations for why public bodies should only be subjected to a narrower kind of liability?

A

Activities are for benefit of society as a whole; payment of damage claims needs to come from tax payer; separation of powers as public bodies are created by statue and thus court should be reluctant to interfere

115
Q

‘Real and immediate risk’ puts positive obligation on police to protect Art.2

A

Osman v UK

116
Q

W v Essex CC judgment

A

Declined strike out claim against authority on child-welfare responsibilities

117
Q

Newham to ECHR

A

TP v UK

118
Q

What judge in D v East Berkshire said carelessness/damage does not necessarily mean duty, and no piggybacking?

A

Lord Rodger

119
Q

What two judges in Gorringe v Calderdale struggled to think of a case where DoC can be found upon failure to provide a benefit there is a power to give?

A

Scott and Hoffmann

120
Q

Who (generally) found policy/operational distinction unconvincing, in what case and what jurisdiction

A

Romeo v Conservative Commission Australian judge

121
Q

What two more actions can be added to list given by Lord B-W in X?

A

‘Euro tort’ by breaching EU law and violation of s.6 HRA

122
Q

West v Buckinghamshire CC general

A

Hazard, not double white

123
Q

What judge in Dorset Yacht relied on discretion test for liability?

A

Lord Reid

124
Q

Lord Reid in Dorset Yacht on test of liability

A

Errors in exercise of discretion conferred by P not intended to be actionable unless abusive, so it is no real exercise of discretion conferred at all

125
Q

Michael v Chief Constable of South Wales judgment

A

Enough evidence of real and immediate risk for Art.2 - court unanimously agreed on pursuit of Art.2 claim

126
Q

Hoffmann and Scott in Gorringe

A

Struggled to think of a case where DoC can be found upon failure to provide a benefit there is a power to give

127
Q

Gorringe v Calderdale judgment

A

Steyn expressed doubt about irrationality point of Hoffmann in Stovin v Wise - Hoffmann said may have been a mistake to speculate. No DoC rose automatically from failing to exercise power

128
Q

What does the judgment of Barrett v Enfield SUGGEST about court attitude?

A

Courts less ready to strike out claims after Osman v UK

129
Q

Morgan on Law Com reforms

A

Lack of empirical evidence

130
Q

M v Newham general

A

Mother’s boyfriend, cousin

131
Q

Lord Wilberforce in Anns v Merton LBC

A

Policy is about discretion for body to make and operational about prescription of practical execution of policy decisions

132
Q

Fourth case in Caparo story?

A

Phelps v Hillingdon LBC

133
Q

What are the three strands to justiciability?

A

Pragmatic, political and constitutional

134
Q

DoC owed, but AR limited to physical safety and wellbeing, not financial loss

A

Informer v Chief Constable

135
Q

Welton v North Cornwall DC

A

Successful claims for omission to carry out statutory responsibilities with affirmative duties if private individual would also have been liable

136
Q

LJ Laws in Connor v Surrey CC

A

Gave three strands to justiciability

137
Q

Rowling v Takaro Properties

A

Lord Keith adopted Wilberforce’s policy/operational distinction to express justiciability

138
Q

Second case in Caparo story?

A

Barrett v Enfield LBC

139
Q

Five reasons for why no DoC in X

A

Delicate, might make authority over-cautious, would cause diversion of resources, multi-agency decision point and should only develop law incrementally/by analogy

140
Q

Why did Lord B-W treat discretion separately in X, maybe?

A

To show separation of powers is relevant both at duty and breach stage

141
Q

What does the case of Gorringe show in terms of policy issues?

A

Judicial fight-back against compensation culture

142
Q

What arguments did judges in Phelps find weak?

A

Multi-agency decision point - all contributor should be liable - and floodgates

143
Q

Lord Rodger in D v East Berkshire

A

Carlessness/damage does not necessarily mean duty and you cannot piggyback on a claim for DoC of someone else - e.g. parents saying owed a DoC as wanted assessment of child to be accurate

144
Q

Internal mechanism of redress

A

Complaints procedure

145
Q

Jain v Trent Strategic Authority general

A

Old people home

146
Q

Article 3 ECHR

A

Positive obligation not to let children be subjected to degrading/inhumane/tortuous treatment

147
Q

Smith v MoD general

A

Lack of protection, friendly fire

148
Q

What different approach did Law Commission suggest for public bodies?

A

‘Truly public activities’ different approach, which more stringent justiciability test and replace DoC test with conferral of benefits test

149
Q

What claim did the HoL cover in D v East Berkshire?

A

Parent claim

150
Q

How could a DoC arise from failure to exercise statutory power, according to Stovin v Wise?

A

C would need to show D was irrational in omission, breaching public law obligations

151
Q

What is the constitutional strand to justiciability?

A

Immunity for decisions on exercise of conferred powers by P/G

152
Q

Who gave three strands to justiciability?

A

LJ Laws in Connor v Surrey CC

153
Q

What is the pragmatic strand to justiciability?

A

Judge is only LEGALLy expert, not GENERALLY an expert, so insufficient knowledge

154
Q

Barrett v Enfield LBC on justiciability test

A

Rejected discretion threshold from X and altered policy/operational test such that courts consider competing policy interests and if P intended to allow court to substitute their view

155
Q

Barrett v Enfield LBC judgment

A

HoL distinguished from Newham as not delicate, no multi-agency process and little risk of defensive reaction

156
Q

Rigby v Chief Constable of Northamptonshire judgment

A

Used distinction to rule out duty, rather than waiting for breach - no duty to use flammable, but maybe operational negligence if without fire equipment

157
Q

Rigby v Chief Constable of Northamptonshire general

A

Flammable CS

158
Q

What did Lord Hoffmann refuse to say in Stovin v Wise?

A

Statutory ‘may’ can never lead to DoC

159
Q

Home Office v Dorset Yacht on justiciability

A

Not justiciable to determine G’s negligence in setting up such ‘holidays’ as involved G balancing various social interests

160
Q

MAK v UK general

A

Father, daughter, 10 days

161
Q

Who rejected the need for blanket immunity and highlighted artificiality of policy/operational distinction in Stovin v Wise?

A

Lord Nicholls (dissenting)

162
Q

Sexually abusive foster child

A

W v Essex CC

163
Q

Dyslexia, not properly assessed

A

Phelps v Hillingdon LBC

164
Q

Who said G rejection of Law Com reforms show G’s control over P can frustrate any reform ‘however wise or necessary’?

A

Sedley LJ

165
Q

Osman v UK

A

‘Real and immediate risk’

166
Q

What case first diverted from public authorities having complete immunity, and what year?

A

Mersey Docks and Harbour Board Trustees v Gibbs 1866

167
Q

Stovin v Wise judgment

A

Existence of statutory power doesn’t equal a DoC in negligence

168
Q

Who found the policy/operational distinction inadequate and in what case?

A

Lord Hoffmann in Stovin v Wise

169
Q

East Suffolk Rivers Catchment Board v Kent judgment

A

Statutory authority with mere power does not equal action for damage caused by failure to exercise

170
Q

Costello v Chief Constable of Northumbria Police judgment

A

Arose from AR, no general duty as police officer

171
Q

What case is the middle point of story on justiciability?

A

X - discretion and policy/operational

172
Q

Flammable CS

A

Rigby v Chief Constable of Northamptonshire

173
Q

What does the case of MAK v UK show?

A

Broader scope of claims under HRA than conventional tort law

174
Q

What did Law Com suggest DoC test should be replaced with

A

Conferral of benefits test

175
Q

Scott in Gorringe

A

If statute doesn’t give private right to sue, no DoC that wouldn’t have been there without statute

176
Q

Jain v Trent Strategic Authority judgment

A

No DoC - focus on reinforcing existing statutory schemes, bringing in single-minded protection idea

177
Q

Phelps v Hillingdon LBC general

A

Dyslexia, not properly assessed

178
Q

How did the minority argue in Stovin v Wise (Lord Nicholls)?

A

Irrationality by failing to implement decision to act

179
Q

Who dissented in Stovin v Wise?

A

Lord Nicholls

180
Q

Is irrationality a substitute for ordinary negligence test?

A

NO

181
Q

What did Law Commission find about majority of claims against public authorities?

A

Dealt with by three mechanisms given - internal, external and ombudsman

182
Q

How did the court in W v Essex view X?

A

Self-evidently distinguishable so didn’t bother

183
Q

Desmond v Chief Constable of Nottinghamshire Police general

A

Sexual offence, Criminal Records Bureau

184
Q

X (Minors) v Bedfordshire CC on justiciability test

A

Two factors - within discretion and policy/operational matter

185
Q

D v East Berkshire Community Health NHS Trust general

A

Erroneous abuse conclusions

186
Q

Hill v Chief Constable of West Yorkshire general

A

Sutclifee

187
Q

Z v UK general

A

X to ECHR

188
Q

What did Law Com suggest before liability of public body?

A

‘Serious fault’ on part of D, more stringent than ordinary taking reasonable care test

189
Q

Who named three causes of action which could be relied upon against a public body at the time, and in what case?

A

Lord Browne-Wilkinson in X (Minors) v Bedfordshire CC

190
Q

Z v UK judgment

A

Violation of Article 3

191
Q

What case led to ECHR declaring misunderstanding in Osman?

A

Hill v Chief Constable of West Yorkshire

192
Q

Desmond v Chief Constable of Nottinghamshire Police judgment

A

Look to purpose of system to see if DoC would frustrate public body in deciding what info to pass on

193
Q

How did Hoffmann think C could show DoC from failure to exercise statutory power in Stovin v Wise?

A

C would need to show D was irrational in omission, breaching public law obligations

194
Q

What judge in Rowling v Takaro used Wilberforce’s policy/operational distinction to express justiciability?

A

Lord Keith

195
Q

how did Law Com suggest ‘truly public activities’ be treated differently?

A

More stringent justiciability test

196
Q

Who was in the minority in Smith v MoD?

A

Lord Mance

197
Q

Who said Ex gratia schemes are more satisfactory than expanding tort law, as lower costs and broader in scope

A

Bailey

198
Q

Who argued it would be desirable to test justiciability at duty stage to avoid a full trial?

A

L&O

199
Q

Barrett v London Borough of Enfield

A

Lord Slynn found existence of discretion is insufficient to preclude DoC

200
Q

Fairgrieve on Phelps

A

Applauded change in judicial tone away from blanket immunity

201
Q

L&O on Diplock’s test of vires

A

Goes too far by not considering FJR and doesn’t necessarily mean harm is actionable as no finding of fault

202
Q

What judge in Gorringe said if statute doesn’t give private right to sue, no DoC that wouldn’t have been there without statute?

A

Scott

203
Q

Smith v MoD judgment

A

Majority unconcerned with justiciability but minority were worried about need to look at how MoD allocate their budget, assessing G decisions on how much to allocate etc

204
Q

Who said lack of clarity and coherence in key concepts of Law Com Reforms, and objected to state excluding liability for ‘mere’ negligence

A

Cornford

205
Q

Craig on UV

A

Doubts its utility in public law

206
Q

What three causes of action could be relied upon against a public body, according to Lord B-W in X?

A

Common law negligence, breach of statutory duty and misfeasance in public office

207
Q

Who argued policy/operational distinction adds nothing to law of negligence and causes ‘unnecessary confusion’?

A

Bailey and Bowman

208
Q

What case ends story on justiciability?

A

Barrett v Enfield LBC - reject discretion and altered policy/operational test to focus on P intent

209
Q

Where did Lord B-W apply irrationality in X?

A

At second stage - when looking at discretion

210
Q

Why might discretion be relevant at breach stage?

A

Partly-justiciable case, but reluctant due to nature of decision

211
Q

MAK v UK judgment

A

Consistent with TP v UK - broader scope of claims under HRA than conventional tort law

212
Q

Look to purpose of system to see if DoC would frustrate public body in deciding what info to pass on

A

Desmond v Chief Constable of Nottinghamshire Police

213
Q

The more operational something is, according to Lord Wilberforce in Anns v Merton LBC, the more likely or unlikely a DoC?

A

Likely

214
Q

HoL affirmed possibility of positive obligation on police to protect Art.2 when there is a ‘real and immediate risk’

A

Van Colle v Chief Constable of Hertfordshire

215
Q

Van Colle v Chief Constable of Hertfordshire general

A

Prosecution witness, telephone threats

Law Second Year (62 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions