D v East Berkshire Community NHS Trust and Another
| Jurisdiction | UK Non-devolved |
| Judge | LORD BINGHAM OF CORNHILL,LORD NICHOLLS OF BIRKENHEAD,LORD STEYN,LORD RODGER OF EARLSFERRY,LORD BROWN OF EATON-UNDER-HEYWOOD |
| Judgment Date | 21 April 2005 |
| Neutral Citation | [2005] UKHL 23 |
| Date | 21 April 2005 |
| Court | House of Lords |
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103 cases
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Hinds v Liverpool County Court and Others
...tort of negligence has been established. By analogy with child abuse cases, for instance JD v East Berkshire Community Health NHS Trust [2005] 2 AC 373, I consider that CAFCASS employees who carry out their duties in good faith but carelessly should not owe or have to owe a duty of care to ......
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B v Reading BC
...is rather that a state of conflict or potential conflict continued to exist between them. We note in passing that in D v East Berkshire Community Health NHS Trust [2005] UKHL 23, [2005] 2 AC 373, while Lord Nicholls referred to Otton LJ's judgment without apparent disapproval, the correctn......
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NXS v Camden London Borough Council
... ... D v East Berkshire Community Health NHS Trust, K v Dewsbury ... been sufficiently anxious about the possibility of another aggressive incident occurring over the weekend 1st/2nd May ... ...
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D v Bury Metropolitan Borough Council; H v Same
...Mrs. AD's appeal, but that both appeals should be stayed until the outcome of the petition to the House of Lords in D v East Berkshire Community Health NHS Trust and others (hereinafter East Berkshire) [2005] UKHL 23, judgment in which was given by the House of Lords on 21 April 2005, and ......
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3 firm's commentaries
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The Private Law Liability Of Public Authorities: The Curious Case Of Transport Arendonk BVBA v Chief Constable Of Essex Police
..."may owe common law duties to children in the exercise of their child protection duties" (D v East Berkshire Community Health NHS Trust [2005] 2 AC 373). Secondly "from the manner in which the public authority has behaved towards the claimant in a particular C placed reliance on the manner ......
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Vicarious liability litigation duties
...Dickman [1990] 2 AC 605; (1990) 1 ACSR 636. 6 D v East Berkshire Community Health NHS Trust [2005] 2 AC 373; [2005] All ER (D) 292 (Apr); [2005] UKHL 23. 7 Sullivan v Moody; Thompson v Connon (2001) 207 CLR 183 ALR 404; [2001] HCA 59; BC200106147. 8 Above n 2, at [29]. 9 Above n 2, at [30].......
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ABC v The Minister For Health & Social Services And The States Employment Board
...Children (Jersey) Law and that a parent does not have a private cause of action based on breach of the Law. Footnotes 1 [1995] 2 AC 633 2 [2005] UKHL 23 3 [2003] JLR 446 4 (20 June 2011) www.bakerandpartners.com The content of this article is intended to provide a general guide to the subje......
21 books & journal articles
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Misfeasance in public office: a very peculiar tort.
...courts are not relevant to this discussion. (209) See Sullivan v Moody (2001) 207 CLR 562; D v East Berkshire Community Health NHS Trust [2005] 2 AC 373. (210) Jain v Trent Strategic Health Authority [2009] 1 AC (211) See Tame v New South Wales (2002) 211 CLR 317; Brooks v Metropolitan Poli......
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Government liability in negligence.
...(Gummow and Hayne JJ). (121) Ibid 664. (122) That was evident in Lord Bingham's dissent in D v East Berkshire Community Health NHS Trust [2005] 2 AC 373, 400: 'the concept of duty has proved itself a somewhat blunt instrument for dividing claims which ought reasonably to lead to recovery fr......
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THE PROMISE OF UNIVERSALITY
...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 the courts are concerned about indeterminate liability, ......
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Table of cases
...Janzen v Platy Enterprises Ltd, [1989] 1 SCR 1252, 59 DLR (4th) 352 ....... 296–97 JD v East Berkshire Community Health NHS Trust, [2005] 2 AC 373, [2005] UKHL 23 ......................................................................... 259 Jetz v Calgary Olympic Development Association, 20......
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