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 two leading barristers, 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.
`Review from previous edition "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
`'...the authors discuss every case and every policy argument. Their systematic approach, together with the analysis of the duty of care, and of concepts such as justiciability, add much value"'
Mads Andenas, Law Quarterly Review
`"The Negligence Liability of Public Authorities is a tour de force that exposes this large and complex body of case law to a lengthy, detailed and critical analysis"'
S. H. Bailey, Professional Negligence
Part 1: General Principles
Structure of a Negligence Claim
1: The Problem of Public Authority Negligence Liability
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
12: Emergency Services
13: Health and Safety Regulators
14: Planning, Environmental, Banking and Professional Regulation
16: Housing and Land Use
17: Armed Forces
18: Miscellaneous Public Authority Functions