Whether, and in what circumstances, public authorities should be held liable for negligence in the performance of their public functions is a highly complex area of the law. Written by Cherie Blair and Dan Squires QC, the first edition of The Negligence Liability of Public Authorities provided a much needed guide to these complexities and offered a detailed account of the law for practitioners and academics.
This second edition builds on the reputation of the first, including full coverage of the many important cases which have been decided since 2006. Divided into two parts, Part I focuses on the extent to which the public nature of a defendant affects civil liability and the principles that govern and limit that liability. Part II considers the law as it impacts upon specific areas of public authorities’ activities. It examines cases in a range of key areas, including the police, social services, highways, education, and the emergency services and aims to set out in a comprehensive way the different legal issues that have arisen in each area. By examining cases in a variety of jurisdictions, including Australia, Canada, South Africa, New Zealand and the USA, the authors further broaden the scope of this authoritative text. The book also identifies the underlying principles and policy arguments which have shaped the law more generally, making it an extremely useful resource for a wide variety of practitioners.
Part 1: General Principles
Introduction
Structure of a Negligence Claim
1: The Problem of Public Authority Negligence Liability
2: Justiciability
3: Duty of Care
4: Arguments of Public Policy
5: Other Aspects of Negligence Claims
6: Alternative Remedies
7: Human Rights Act 1998
Part II: Specific Applications
8: Social Services
9: Education
10: Police
11: Detention
12: Emergency Services
13: Health and Safety Regulators
14: Planning, Environmental, Banking and Professional Regulation
15: Highways
16: Housing and Land Use
17: Armed Forces
18: Miscellaneous Public Authority Functions
Duncan Fairgrieve, Barrister, One Crown Office Row, and Dan Squires QC, Barrister, Matrix Chambers
Duncan Fairgreive is Senior Fellow in Comparative Law at the British Institute of International and Comparative Law, London, and Professor of Comparative Law at Université Paris Dauphine PSL. He is also a barrister practising from 1 Crown Office Row, London.
Dan Squires QC is a barrister at Matrix Chambers, specializing in public and human rights law and has been appointed Deputy High Court Judge. His practice encompasses a wide range of areas including community care, education prison law, privacy, terrorism, regulatory bodies and general issues relating to fair trial rights. He has published many articles in the areas of his specialism and is a Visiting Professor at Queen Mary University of London.
Sahar Abi-Hassan, Boston University.
Paris Aslanidis, Yale University.
Christopher Bickerton, University of Cambridge.
Benjamin De Cleen, Vrije Universiteit Brussel.
Carlos de la Torre, University of Kentucky.
Roger Eatwell, Cornell University.
Jason Frank, Cornell University.
Kirk A. Hawkins, Brigham Young University.
Olli Hellmann, University of Sussex.
James D. Ingram, McMaster University.
Carlo Invernizzi Accetti, City University of New York.
Christophe Jaffrelot, CERI-Sciences Po/CNRS.
Duncan Kelly, University of Cambridge.
Joseph Lowndes, University of Oregon, USA.
Luca Manucci, University of Zurich.
Luke March, University of Edinburgh.
Benjamin Moffitt, Uppsala University.
Cas Mudde, University of Georgia.
Jan-Werner Müller, Princeton University.
Paulina Ochoa Espejo, Haverford College.
Kevin Olson, University of California, Irvine.
Pierre Ostiguy, Universidad Católica de Chile.
Francisco Panizza, The London School of Economics and Political Science.
Teun Pauwels, Université Libre de Bruxelles.
Madeleine Read, Brigham Young University.
Danielle Resnick, International Food Policy Research Institute.
Kenneth M. Roberts, Cornell University.
Cristóbal Rovira Kaltwasser, Diego Portales University.
Stefan Rummens, KU Leuven.
Ben Stanley, SWPS University of Social Sciences and Humanities.
Yannis Stavrakakis, Aristotle University of Thessaloniki.
Paul A. Taggart, University of Sussex.
Louise Tillin, King’s College London.
Nadia Urbinati, Columbia University.
Bertjan Verbeek, Radboud University Nijmegen.
Andrej Zaslove, Radboud University Nijmegen.
Jose Pedro Zuquete, University of Lisbon.
