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Case review 2019-06-06
The Supreme Court upholds the strike out of claims seeking to impose a duty of care on a local authority arising out of its functions under the Children Act 1989
In a welcomed decision, the Supreme Court has delivered its long-awaited judgment clarifying the scope of duties owed by local authorities. The court confirmed there is no assumption of responsibility arising out of the mere operation of social services functions, and except in defined exceptional categories, there is no duty of care to protect individuals from harm caused by third parties.
The Court of Appeal decides that there has to be some means of responding quickly to complaints from members of the public of serious and dangerous defects in the road.
A round up of recent court decisions raising issues relating to catastrophic injury claims, fundamental dishonesty, highways, local authorities, occupiers’ liability and pre-action admissions of liability.