About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

4 Legal Issues J. 55 (2016)
Suing Public Authorities: Who Wins

handle is hein.journals/uklwetrew4 and id is 59 raw text is: 

  Suing Public Authorities: Who Wins?

                           Tom Stafford'

    This article argues that Civil Law is fundamentally unsuitable to
    dealing  either with i) grievances  against the way   a Public
    Authority has handled a particular situation; or ii) loss that one
    has suffered at the hands of a public authority acting negligently.
    The  rationale behind this conclusion is based on the belief that
    suing public  bodies for negligence is problematic as  it is an
    inordinately expensive process for the taxpayer and, being a fault-
    based  system of liability, often leaves deserving individuals who
    have simply been the victims of bad luck with no compensation for
    their loss. Moreover, the state of the case  law is doctrinally
    incoherent and unstable, and thus in need of re-examination.

    Keywords:   liability of public authorities, negligence, duty of care,
    public  bodies, fault-based compensation,  law  reform,  public
    liability, omissions liability.

                           1. INTRODUCTION

Many   are familiar with the term 'litigation culture', a platitude so often
bandied  about by  the tabloid press that seems  determined to present a
caricature of greedy, ambulance-chasing lawyers. In many  cases this is an
unfair portrayal; if someone has had their leg crushed in a warehouse accident
because their employer neglected to follow basic health and safety legislation,
then of course they should be compensated. As between individuals it is only
right that wrongs should be remedied and any competent (or honest) lawyer
will not advise his client to issue proceedings if there is little chance of
   What   is, on the other hand,  rather disturbing, is the amount public
authorities are spending on defending claims. Public money is supposed to be

t Paralegal at Clyde & Co LLP; Law BA, University of Cambridge.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most