Barrett v Enfield London Borough Council

JurisdictionUK Non-devolved
JudgeLORD BROWNE-WILKINSON,LORD SLYNN OF HADLEY,LORD NOLAN,LORD STEYN,LORD HUTTON
Judgment Date17 June 1999
Judgment citation (vLex)[1999] UKHL J0617-1
Date17 June 1999
CourtHouse of Lords
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329 cases
  • Phones 4U Ltd ((in Administration)) v Ee Ltd
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 16 January 2018
    ...letter. 62 As regards not using summary judgment to decide matters of uncertain or developing law, Mr Wolfson QC relied on Barrett v Enfield LBC [2001] 2 AC 550, per Lord Browne-Wilkinson at 557F-G, a case on striking out a claim for not disclosing a reasonable cause of action under the Cou......
  • DFX (A Protected Party by her Litigation Friend The Official Solicitor) v Coventry City Council
    • United Kingdom
    • Queen's Bench Division
    • 24 May 2021
    ...submits that there are a number of ways in which a defendant can assume responsibility. She acknowledges that in Barrett v Enfield London Borough Council [2001] 2 AC 550, the court found that the local authority had assumed responsibility for the claimant by taking the child into its care a......
  • Judith Whelan and Others v Allied Irish Banks p.l.c. and Others
    • Ireland
    • Supreme Court
    • 30 January 2014
    ...must be approached at that level of abstraction. As Lord Browne-Wilkinson observed in Barrett v. Enfield London Borough Council [2001] 2 A.C. 550 (pp. 559-560); "... the decision as to whether it is fair, just and reasonable to impose liability in negligence on a particular class of would-b......
  • Phelps v London Borough of Hillingdon
    • United Kingdom
    • House of Lords
    • 27 July 2000
    ...where there may be scope for argument as to liability, has been stressed (See X minors v. Bedfordshire [1995] 2 A.C. 633, Barrett v. Enfield London Borough Council [1999] 3 W.L.R. 79, W. v. Essex County Council [2000] W.L.R. 601). It is therefore preferable to begin with the case where ther......
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2 firm's commentaries
  • HXA And YXA In The Supreme Court
    • United Kingdom
    • Mondaq UK
    • 2 January 2024
    ...parental responsibility by statute. Although the defendants had, in submissions, cast doubt on the reasoning in Barrett v Enfield LBC [2001] 2 AC 550, the court affirmed the correctness of the decision in Barrett and confirmed that it should be interpreted as based on an assumption of respo......
  • The Private Law Liability Of Public Authorities: The Curious Case Of Transport Arendonk BVBA v Chief Constable Of Essex Police
    • United Kingdom
    • Mondaq UK
    • 4 July 2022
    ...and care, such as by taking a child into its care and exercising parental responsibility as in Barrett v Enfield London Borough Council [2001] 2 AC 550. There is no dispute that local authorities "may owe common law duties to children in the exercise of their child protection duties" (D v E......
16 books & journal articles
  • Government liability in negligence.
    • Australia
    • Melbourne University Law Review Vol. 32 No. 1, April 2008
    • 1 April 2008
    ...citing: X (Minors) v Bedfordshire County Council [1995] 2 AC 633, 736 (Lord Browne-Wilkinson); Barrett v Enfield London Borough Council [2001] 2 AC 550, 586 (Lord Hutton); Phelps v Hillingdon London Borough Council [2001] 2 AC 619, 652-3 (Lord (159) (2001) 206 CLR 512, 633-4. Actually, his ......
  • THE PROMISE OF UNIVERSALITY
    • Singapore
    • Singapore Academy of Law Journal No. 2013, December 2013
    • 1 December 2013
    ...AC 53; Stovin v Wise[1996] AC 923; Phelps v Hillingdon London Borough Council[2001] 2 AC 619; Barrett v Enfield London Borough Council[2001] 2 AC 550; D v East Berkshire Community NHS Trust[2005] 2 AC 373 and Van Colle v Chief Constable of Hertfordshire Police[2009] 1 AC 225. 211 Although t......
  • The Law of Bureaucratic Negligence in South Africa: A Comparative Commonwealth Perspective
    • South Africa
    • Juta Acta Juridica No. , August 2019
    • 15 August 2019
    ...[1995] 3 All ER 353 (HL); Phelps v London Boroughof Hillingdon [2000] 4 All ER 504 (HL).91Barrett v Enf‌ield London Borough Council [2001] 2AC 550; [1999] 3 All ER 193 (HL).92[2003] 4 All ER 987 (HL).93[1999] 4 All ER 961 (HL).94[2001] 3 SCR 537 (SCC); (2002) 206 DLR (4th) 193.95(1969) 4 DL......
  • The Children Act 1989 in the highest courts
    • United Kingdom
    • Emerald Journal of Children's Services No. 5-2, June 2010
    • 30 June 2010
    ...duty of care as parents owe towards a child for whom they have parental responsibility: see Barrett v Enfield London Borough Council [2001] 2 AC 550. Another was that, under the Human Rights Act, the courts might now have to investigate whether there had been a violation of article 8 (by ta......
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