The Negligence Liability of Public Authorities

Second Edition

Cherie Booth QC, Duncan Fairgrieve, and Dan Squires

Offers the only comprehensive account of areas in which the law of negligence could impact upon public authorities
Provides clear and practical guidance in those areas where negligence liability has been decided, and considered academic analysis where aspects of the law are unclear or developing
Highly experienced authors from Matrix Chambers offer expert and reliable analysis of the law of negligence and the resulting issues
Includes full coverage of the Human Rights Act 1998
Detailed coverage of specific areas of service provision, including social services; education; police and emergency services; health and safety regulation; planning, environmental, and professional regulation; highways; housing; and the armed forces

New to this Edition:

Contains coverage of the large number of new cases that have been decided since the publication of the first edition in 2006
Key cases covered by the new edition include Yetkin v Newham Borough Council [2010] and X v Hounslow Borough Council [2007]
Coverage of new Law Commission proposals in the area of public authority negligence

The Negligence Liability of Public Authorities

Second Edition

Cherie Booth QC, Duncan Fairgrieve, and Dan Squires

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 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.

The Negligence Liability of Public Authorities

Second Edition

Cherie Booth QC, Duncan Fairgrieve, and Dan Squires

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

The Negligence Liability of Public Authorities

Second Edition

Cherie Booth QC, Duncan Fairgrieve, and Dan Squires

Author Information

Cherie Booth QC, Barrister, Matrix Chambers, Duncan Fairgrieve, Barrister, One Crown Office Row, and Dan Squires, Barrister, Matrix Chambers.

Cherie Booth QC is a barrister at Matrix Chambers, taking silk in 1995. She is a Recorder in the County Court and Crown Court, a Bencher of Lincoln's Inn and an Honorary Bencher of King's Inn, Dublin. Her practice specializes in employment and discrimination work, public law and human rights law.

Dan Squires is a barrister at Matrix Chambers, specializing in public and human rights law. His practice encompasses a wide range of areas including community care prison law, privacy, terrorism, regulatory bodies and general issues relating to fair trial rights. He has published many articles in the areas of his specialism and has also taught courses at King's College London and the University of Puerto Rico.

The Negligence Liability of Public Authorities

Second Edition

Cherie Booth QC, Duncan Fairgrieve, and Dan Squires

Reviews and Awards

"this book is an invaluable and thought-provoking reference for anyone engaged in this diverse and continually changing field." -- Phillip Taylor MBE, Head of Chambers, and Elizabeth Taylor, Richmond Green Chamber