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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.
List of 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
About the author
Duncan Fairgreive is Senior Fellow in Comparative Law at the British Institute of International and Comparative Law, London, and Professor of Comparative Law at Université Paris Dauphine PSL. He is also a barrister practising from 1 Crown Office Row, London.
Dan Squires QC is a barrister at Matrix Chambers, specializing in public and human rights law and has been appointed Deputy High Court Judge. His practice encompasses a wide range of areas including community care, education 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 is a Visiting Professor at Queen Mary University of London.
Summary
The Negligence Liability of Public Authorities offers 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. It examines the case law in a range of areas, including many new cases decided since the publication of the first edition.
Additional text
"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.
Report
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
