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The negligence liability of public authorities is a particularly problematic area of law where courts are increasingly grappling with the determination of the extent to which the public nature of a defendant should affect civil liability. Despite its growing importance, there is little of a comprehensive nature written on this area. This is a thorough account of the law on the negligence liability of public authorities, providing practical guidance as well as a clear analysis of this developing area of law. Divided into two Parts, the first Part focuses on the extent to which the public nature of a defendant affects civil liability and the principles that govern and limit that liability. In particular the text considers what is meant by a public authority for the purposes of negligence liability, the duty of care that public authorities owe, the tests applied by the courts, issues of foreseeability and proximity, direct and vicarious liability, standards of care and damages and remedies available including judicial review, the Ombudsman, and further to the European Convention on Human Rights.
Part Two considers the law as it impacts upon specific areas of public authorities' activities. Particular functions undertaken by public authorities such as the provision of social services, healthcare, Police and Crown Prosecution Services, or schooling will be examined, detailing the situations in which negligence liability has been or is likely to be imposed.
This is a blockbuster book....This excellent analysis will be invaluable for the courts, for litigators and for others who contemplate the kaleidoscopic intricacies. * Julian Fulbrook, THES *
3: Duty of Care
4: Policy Considerations
5: Other Aspects of Negligence Claims
6: Other Remedies
7: Human Rights Act 1998
8: Social Services
12: Emergency Services
13: Health and Safety Regulators
14: Planning, Environmental and Banking Regulation
16: Housing and Land-use
17: Armed Forces
18: Miscellaneous Public Authority Functions
ISBN: 9780199265411 ISBN-10: 0199265410 Audience:
Number Of Pages: 1004 Published: 19th February 2006 Publisher: Oxford University Press Country of Publication: GB Dimensions (cm): 24.13 x 17.15
Weight (kg): 2.07