Principles of Tort Law

This chapter considers the liability of public authorities in negligence. It applies many of the principles discussed in Chapters 2 and 3, when assessing the duty of care (if any) owed by a public authority, where that authority's acts or omissions cause C loss or damage. Inevitably, as a result of the analysis adopted by the courts in this area of negligence, proof of breach is closely intertwined with the duty of care analysis.

INTRODUCTION

A public authority may comprise the following: health authorities; the police; local planning, education, etc, authorities; government departments; entities established for road, general transport, or other aspects of public safety; emergency services (e.g., fire brigade, ambulance, coastal rescue); and executives, commissions and agencies which are set up under relevant statutes and which engage in public services (e.g., the collection of tax revenue, or workplace health and safety).

Notably, some of the cases cited in this chapter arose because C sued a private entity (D1), and that party then sought to join the public authority as a third party (D2), seeking contribution or indemnity from that public authority for C's damage (as, e.g., in Furnell v Flaherty (t/as Godstone Farm)). Of course, where D1 proves that the public authority, D2, was liable to C in respect of the same damage, then D1 may claim a contribution under s 1(1) of the Civil Liability (Contribution) Act 1978 from public authority D2. Hence, the cases do not always arise from direct suits by C against the public authority.