Duty of Care in UK Law
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Anns v Merton London Borough Council
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First one has to ask whether, as between the alleged wrongdoer and the person who has suffered damage there is a sufficient relationship of proximity or neighbourhood such that, in the reasonable contemplation of the former, carelessness on his part may be likely to cause damage to the latter—in which case a prima facie duty of care arises.
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Caparo Industries Plc v Dickman
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What emerges is that, in addition to the foreseeability of damage, necessary ingredients in any situation giving rise to a duty of care are that there should exist between the party owing the duty and the party to whom it is owed a relationship characterised by the law as one of "proximity" or "neighbourhood" and that the situation should be one in which the court considers it fair, just and reasonable that the law should impose a duty of a given scope upon the one party for the benefit of the other.
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Hedley Byrne & Company Ltd v Heller & Partners Ltd
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Furthermore, if in a sphere in which a person is so placed that others could reasonably rely upon his judgment or his skill or upon his ability to make careful inquiry, a person takes it upon himself to give information or advice to, or allows his information or advice to be passed on to, another person who, as he knows or should know, will place reliance upon it, then a duty of care will arise.
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Dorset Yacht Company Ltd v Home Office
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Donoghue v. Stevenson [1932] A.C. 562 may be regarded as a milestone, and the well-known passage in Lord Atkin's speech should I think be regarded as a statement of principle. It is not to be treated as if it were a statutory definition. But I think that the time has come when we can and should say that it ought to apply unless there is some justification or valid explanation for its exclusion.
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M'Alister or Donoghue (Pauper) v Stevenson
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You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.
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Phelps v London Borough of Hillingdon
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It is sometimes said that there has to be an assumption of responsibility by the person concerned. That phrase can be misleading in that it can suggest that the professional person must knowingly and deliberately accept responsibility. The phrase means simply that the law recognises that there is a duty of care. It is not so much that responsibility is assumed as that it is recognised or imposed by the law.
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Hill v Chief Constable of West Yorkshire
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In some instances the imposition of liability may lead to the exercise of a function being carried on in a detrimentally defensive frame of mind. A great deal of police time, trouble and expense might be expected to have to be put into the preparation of the defence to the action and the attendance of witnesses at the trial. The result would be a significant diversion of police manpower and attention from their most important function, that of the suppression of crime.
- Environmental Protection (Duty of Care) Regulations 1991
- The Environmental Protection (Duty of Care) (Scotland) Regulations 2014
- The Household Waste Duty of Care (Fixed Penalties) (Wales) Regulations 2019
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Occupiers' Liability Act 1957
... ... regulate the duty which an occupier of premises owes to his ... visitors in respect of ... ‘common duty of care’, to all his visitors, except in so far as he ... is free to and does ... ...
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Duty of Care for Informers
This article considers the use of Covert Human Intelligence Sources, or informers, by law enforcement agencies and examines whether sufficient ‘duty of care’ is being afforded them. It reflects on ...
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Derogation of “duty of care” in favour of “choice”?
Purpose: – Chronic health conditions such as obesity and type 2 diabetes are higher in individuals with learning disabilities and significantly affect both quality of life and longevity. Healthy ea...
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Health and social care workers' knowledge and application of the concept of duty of care
This study used vignettes to examine the understanding and application of the concept of duty of care by health and social care staff working in learning disability services, and the relationship o...
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The Irreducible Core of the Duty of Care, Skill and Diligence of Company Directors: Australian Securities and Investments Commission v Healey
The decision in ASIC v Healey raises hitherto unexplored questions about the standard of care of non‐executive directors in monitoring the production of financial statements. More particularly, it ...
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UK Conduct Authority Contemplates Introducing a New Duty of Care
The Financial Conduct Authority has published its Approach to Consumers alongside a discussion paper on the potential introduction of a new duty of care and possible alternative approaches. The App...
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No parent company duty of care for Niger Delta claims
The Court of Appeal has ruled that the English courts do not have jurisdiction over claims by victims of oil leaks from pipelines in the Niger Delta. The judgment comes after the Lungowe & ors v Ve...
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Parent company may owe a duty of care to employees of African subsidiary
This case is the latest in a line of cases before the English courts about parent company liability, specifically the duty of care owed for activities of their subsidiaries.
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Financial Services Duty of Care Bill to make no further progress
On 8 November 2019, the UK Parliament updated its webpage on the Financial Services Duty of Care Bill 2019 (the Bill). Following the dissolution of the 2017-2019 Parliament, the Bill will make no f...
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Apply to authorise a deprivation of liberty
Court of Protection forms including the COP1 application to make decisions on someone's behalf.... ... specific duty to make full and frank disclosure to the court of all facts and matters ... Name of local authority or NHS body responsible for the care placement ... Is P subject to ... Detention under the Mental Health Act ... ...
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Application to authorise a deprivation of liberty (Sections 4A(3) and 16(2)(a) of the Mental Capacity Act 2005)
Court of Protection forms including the COP1 application to make decisions on someone's behalf.... ... specific duty to make full and frank disclosure to the court of all facts and matters ... Name of local authority or NHS body responsible for the care placement ... Is P subject to ... Detention under the Mental Health Act ... ...
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Hearing questionnaire 1 - To the patient's representative, the Local Social Services Authority and guardian (if not the LSSA)
Mental Health Tribunal forms including application and pre-hearing examination forms.... ... The First-tier Tribunal ... (Health, Education and Social Care Chamber) ... Mental Health ... To the Patient’s Representative, ... Parties are reminded that they have a legal duty to cooperate with the tribunal. If they fail to return this form within ... ...
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Hearing questionnaire 1 - To the patient's representative and to the responsible authority
Mental Health Tribunal forms including application and pre-hearing examination forms.... ... The First-tier Tribunal ... (Health, Education and Social Care Chamber) ... Mental Health ... To the Responsible Authority: ... Parties are reminded that they have a legal duty to cooperate with the tribunal and if they fail to return this form within ... ...