Deck 6: Special Duty Problems: Public Bodies

Question 1

In which of the following situations would the defendant be considered to be a public body?
Please select all that apply.

A) A doctor in an NHS hospital performs an operation negligently.
B) A doctor in an expensive private hospital performs an operation negligently.
C) The police force fail to warn shoppers that a gang of pickpockets is operating in the shopping centre they are shopping in.
D) A social worker employed by the county council crashes her car after driving carelessly home from work.
E) Some cooking oil is spilt on the floor in an aisle in Marks and Spencer, but is not cleared up for hours, and someone slips on it.
F) Council dustbin collectors drive their lorry into a parked car.
G) A university groundsman fails to replace a loose paving stone and someone trips over it and injures themselves.
H) A comprehensive school groundsman fails to replace a loose paving stone and a parent dropping their children at school trips over it and injures themselves.
I) A couple's house burns to the ground after their call for a fire engine is not relayed to the fire officers on duty for more than an hour.

Answer 1

A,C,F

Question 2

What reasons have been given by the courts to justify treating public bodies differently from private bodies and individuals?
Please select all that apply.

A) Difficulties in identifying where exactly things went wrong - a public body is not a single entity therefore hard to pin down exactly what the negligent act is or who did it
B) 'Floodgate' concerns about a significant increase in the scope of tort liability if claims against public bodies are not restricted. Citizens should claim against public bodies via public law mechanisms, as these would be more appropriate.
C) 'Floodgate' concerns about a significant increase in the volume of claims (in particular frivolous claims) if claims against public bodies are not restricted
D) Imposing a duty might have the effect of encouraging defensive practices in public bodies and the individuals working for them.
E) Public bodies should not generally owe individuals a duty of care in negligence as taxpayers would not like paying (via compensation payments) for the wrongs committed by public bodies.
F) It is easier for a public body to cause harm to an individual therefore it should not be too easy for a duty of care to be found, but one should exist only in the most severe of cases.

Answer 2

A,B,C,D,E

Question 3

Match For each of the following cases, match the case name to the correct date.
-D v East Berkshire Community NHS Trust

A) 2005
B) 1989
C) 2015
D) 1997
E) 2008
F) 1995
G) 2001
H) 2018
I) 2001
J) 1997
K) 2019

Answer 3

A

Question 4

Match For each of the following cases, match the case name to the correct date.
-Hill v Chief Constable of West Yorkshire

A) 2006
B) 1990
C) 2016
D) 1998
E) 2008
F) 1995
G) 2001
H) 2018
I) 2001
J) 1997
K) 2019

Question 5

Match For each of the following cases, match the case name to the correct date.
-Michael v Chief Constable of South Wales Police

A) 2007
B) 1991
C) 2017
D) 1999
E) 2008
F) 1995
G) 2001
H) 2018
I) 2001
J) 1997
K) 2019

Question 6

Match For each of the following cases, match the case name to the correct date.
-Capital and Counties plc v Hampshire County Council

A) 2008
B) 1992
C) 2018
D) 2000
E) 2008
F) 1995
G) 2001
H) 2018
I) 2001
J) 1997
K) 2019

Question 7

Match For each of the following cases, match the case name to the correct date.
-Smith v Chief Constable of Sussex

A) 2009
B) 1993
C) 2019
D) 2001
E) 2008
F) 1995
G) 2001
H) 2018
I) 2001
J) 1997
K) 2019

Question 8

Match For each of the following cases, match the case name to the correct date.
-X v Bedfordshire

A) 2010
B) 1994
C) 2020
D) 2002
E) 2008
F) 1995
G) 2001
H) 2018
I) 2001
J) 1997
K) 2019

Question 9

Match For each of the following cases, match the case name to the correct date.
-Z v UK and TP & KM v UK

A) 2011
B) 1995
C) 2021
D) 2003
E) 2008
F) 1995
G) 2001
H) 2018
I) 2001
J) 1997
K) 2019

Question 10

Match For each of the following cases, match the case name to the correct date.
-Robinson v Chief Constable of West Yorkshire Police

A) 2012
B) 1996
C) 2022
D) 2004
E) 2008
F) 1995
G) 2001
H) 2018
I) 2001
J) 1997
K) 2019

Question 11

Match For each of the following cases, match the case name to the correct date.
-Kent v Griffiths

A) 2013
B) 1997
C) 2023
D) 2005
E) 2008
F) 1995
G) 2001
H) 2018
I) 2001
J) 1997
K) 2019

Question 12

Match For each of the following cases, match the case name to the correct date.
-Osman v UK

A) 2014
B) 1998
C) 2024
D) 2006
E) 2008
F) 1995
G) 2001
H) 2018
I) 2001
J) 1997
K) 2019

Question 13

Match For each of the following cases, match the case name to the correct date.
-Poole Borough Council v GN and another

A) 2015
B) 1999
C) 2025
D) 2007
E) 2008
F) 1995
G) 2001
H) 2018
I) 2001
J) 1997
K) 2019

Question 14

It is a well-established principle of law that a public body will owe an individual a private law duty of care if the negligent exercise of its powers makes an existing situation worse.

Question 15

What is the best explanation of the outcome of D v East Berkshire Community NHS Trust [2005]?

A) No duty of care was owed; the House of Lords followed the earlier decision in X v Bedfordshire in which care authorities were found not to owe a duty of care to individuals due to various policy reasons, including the inability to identify exactly who of many personnel involved may have been negligent and the fact that the imposition of a duty would 'cut across the statutory framework' such services operated in.
B) A duty of care was owed to all of the claimants.
C) A duty of care was owed to the children but not to their parents.
D) A duty of care was owed to the parents but not to their children.

Question 16

Match the case name with the human rights violations found by the European Court of Human Rights.
-Osman v UK

A) Violation of Article 6 (right to a fair trial)
B) Violation of Article 3 (right to freedom from inhumane and degrading treatment)
C) Violation of Article 8 (right to respect for private and family life)
D) Violation of Article 13 (right to an effective remedy)
E) Violation of Article 2 (the right to life)

Question 17

Match the case name with the human rights violations found by the European Court of Human Rights.
-Z v UK

A) Violation of Article 6 (right to a fair trial)
B) Violation of Article 3 (right to freedom from inhumane and degrading treatment)
C) Violation of Article 8 (right to respect for private and family life)
D) Violation of Article 13 (right to an effective remedy)
E) Violation of Article 2 (the right to life)

Question 18

Match the case name with the human rights violations found by the European Court of Human Rights.
-TP & KM v UK

A) Violation of Article 6 (right to a fair trial)
B) Violation of Article 3 (right to freedom from inhumane and degrading treatment)
C) Violation of Article 8 (right to respect for private and family life)
D) Violation of Article 13 (right to an effective remedy)
E) Violation of Article 2 (the right to life)

Question 19

Match the case name with the human rights violations found by the European Court of Human Rights.
-All cases listed

A) Violation of Article 6 (right to a fair trial)
B) Violation of Article 3 (right to freedom from inhumane and degrading treatment)
C) Violation of Article 8 (right to respect for private and family life)
D) Violation of Article 13 (right to an effective remedy)
E) Violation of Article 2 (the right to life)

Question 20

Match the case name with the human rights violations found by the European Court of Human Rights.
-None of the cases listed

A) Violation of Article 6 (right to a fair trial)
B) Violation of Article 3 (right to freedom from inhumane and degrading treatment)
C) Violation of Article 8 (right to respect for private and family life)
D) Violation of Article 13 (right to an effective remedy)
E) Violation of Article 2 (the right to life)

Question 21

Match the activity/service with the leading authority or precedent in that area.
-The duty owed in the conduct of police investigations

A) Hill v Chief Constable of West Yorkshire [1989]
B) Capital & Counties plc v Hampshire CC [1997]
C) Kent v Griffiths [2001]
D) D v East Berkshire Community NHS Trust [2005]
E) Phelps v Hillingdon LBC [2001]
F) Robinson v Chief Constable of West Yorkshire Police [2018]

Question 22

Match the activity/service with the leading authority or precedent in that area.
-The duty owed in relation to the conduct of fire officers in terms of their response and actions on the scene of fires

A) Hill v Chief Constable of West Yorkshire [1989]
B) Capital & Counties plc v Hampshire CC [1997]
C) Kent v Griffiths [2001]
D) D v East Berkshire Community NHS Trust [2005]
E) Phelps v Hillingdon LBC [2001]
F) Robinson v Chief Constable of West Yorkshire Police [2018]

Question 23

Match the activity/service with the leading authority or precedent in that area.
-The duty owed in regard to the response or otherwise of the ambulance service to an emergency call

A) Hill v Chief Constable of West Yorkshire [1989]
B) Capital & Counties plc v Hampshire CC [1997]
C) Kent v Griffiths [2001]
D) D v East Berkshire Community NHS Trust [2005]
E) Phelps v Hillingdon LBC [2001]
F) Robinson v Chief Constable of West Yorkshire Police [2018]

Question 24

Match the activity/service with the leading authority or precedent in that area.
-The duty owed to children or their parents in regard to the response of child care and welfare services to claims of abuse and their investigations into such allegations

A) Hill v Chief Constable of West Yorkshire [1989]
B) Capital & Counties plc v Hampshire CC [1997]
C) Kent v Griffiths [2001]
D) D v East Berkshire Community NHS Trust [2005]
E) Phelps v Hillingdon LBC [2001]
F) Robinson v Chief Constable of West Yorkshire Police [2018]

Question 25

Match the activity/service with the leading authority or precedent in that area.
-The duty owed by educational professionals in terms of the assessments of individuals' special educational needs

A) Hill v Chief Constable of West Yorkshire [1989]
B) Capital & Counties plc v Hampshire CC [1997]
C) Kent v Griffiths [2001]
D) D v East Berkshire Community NHS Trust [2005]
E) Phelps v Hillingdon LBC [2001]
F) Robinson v Chief Constable of West Yorkshire Police [2018]

Question 26

Match the activity/service with the leading authority or precedent in that area.
-The duty owed by police in relation to operational matters such as arrests

A) Hill v Chief Constable of West Yorkshire [1989]
B) Capital & Counties plc v Hampshire CC [1997]
C) Kent v Griffiths [2001]
D) D v East Berkshire Community NHS Trust [2005]
E) Phelps v Hillingdon LBC [2001]
F) Robinson v Chief Constable of West Yorkshire Police [2018]

Question 27

All judges agree that there should never be a duty of care in negligence owed by the police to any individuals affected by the way police criminal investigations are carried out.

Question 28

Why was a duty of care found in the police case Swinney v Chief Constable of Northumbria Police [1997]?

A) Because it was not about the police's investigation of crime but about their other operations
B) Because Swinney had the requisite degree of proximity to the police while the claimants in e.g. Hill v Chief Constable of West Yorkshire [1989], Osman v Ferguson [1993], Brooks v Commissioner of Police for the Metropolis [2005] or Smith v Chief Constable of Sussex Police [2008] did not
C) Public policy considerations dictated that a duty should be owed

Question 29

According to the Law Commission, the courts 'have struggled to articulate workable criteria for determining what should and should not be _________. The most that can be said under the current state of law is that certain matters are deemed "unsuitable for judicial determination" and that these are revealed on a rather unpredictable, case-by-case basis'.