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The Negligence Liability of Public Authorities, Second Edition$
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Duncan Fairgrieve and Dan Squires QC

Print publication date: 2019

Print ISBN-13: 9780199692552

Published to Oxford Scholarship Online: March 2021

DOI: 10.1093/oso/9780199692552.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 18 January 2022

Miscellaneous Public Authority Functions

Miscellaneous Public Authority Functions

18 (p.817) Miscellaneous Public Authority Functions
The Negligence Liability of Public Authorities, Second Edition

Duncan Fairgrieve

Dan Squires QC

Oxford University Press

Doctors owe a duty of care to their patients, and this duty will be owed regardless of whether the doctor is a public sector employee operating within a statutory framework or is providing health care privately. Medical negligence claims in relation to the care which doctors provide to individual patients are outside the scope of this book. Cases arise, however, that do not involve individual doctor-patient relations and raise broader questions of medical policy. In such instances, the fact that the defendant is a public authority exercising public powers is likely to be material to a determination of whether a duty of care should be imposed, and it is such cases we consider in this section. It should be noted that the potential liabilities in negligence of the bodies that regulate the medical profession are not considered in this chapter, but are examined in Chapter 14, where we consider professional regulators.

Keywords:   Child Support Agency (CSA), Companies House, Customs and Excise (HM), Customs and Excise, HM Customs and Excise, Hedley Bryne principles, Hedley Byrne principles, Human Rights Act 1998, Land Registry, New Zealand, Scotland, Social Security Appeal Tribunal (SSAT), VAT

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