Full Description
Whether, and in what circumstances, public authorities should be held liable for negligence in the performance of their public functions is a highly complex area of the law. Written by Cherie Blair and Dan Squires QC, the first edition of The Negligence Liability of Public Authorities provided a much needed guide to these complexities and offered a detailed account of the law for practitioners and academics.
This second edition builds on the reputation of the first, including full coverage of the many important cases which have been decided since 2006. Divided into two parts, Part I focuses on the extent to which the public nature of a defendant affects civil liability and the principles that govern and limit that liability. Part II considers the law as it impacts upon specific areas of public authorities' activities. It examines cases in a range of key areas, including the police, social services, highways, education, and the emergency services and aims to set out in a comprehensive way the different legal issues that have arisen in each area. By examining cases in a variety of jurisdictions, including Australia, Canada, South Africa, New Zealand and the USA, the authors further broaden the scope of this authoritative text. The book also identifies the underlying principles and policy arguments which have shaped the law more generally, making it an extremely useful resource for a wide variety of practitioners.
Contents
Part 1: General Principles
Introduction
Structure of a Negligence Claim
1: The Problem of Public Authority Negligence Liability
2: Justiciability
3: Duty of Care
4: Arguments of Public Policy
5: Other Aspects of Negligence Claims
6: Alternative Remedies
7: Human Rights Act 1998
Part II: Specific Applications
8: Social Services
9: Education
10: Police
11: Detention
12: Emergency Services
13: Health and Safety Regulators
14: Planning, Environmental, Banking and Professional Regulation
15: Highways
16: Housing and Land Use
17: Armed Forces
18: Miscellaneous Public Authority Functions
