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Poole Borough Council v GN & Anor

Poole Borough Council v GN & Anor

Case [2019] UKSC 25

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Case: [2019] UKSC 25
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Cases Citing This Decision

Smith v Attorney-General [2022] NZHC 1693
Citation 1

…t [80]. 69 At [199]–[200], citing Robinson v Chief Constable of West Yorkshire Police [2018] UKSC 4, [2018] AC 736; and N v Poole Borough Council [2019] UKSC 25, [2019] 2 WLR 1478. 70 At [270]–[274]. 71 Smith v Fonterra Co-Operative Group Ltd [2020] NZHC 419, [2020] 2 NZLR 394 [ Smith v Fonterra (HC)]; and Smith…
A v Attorney-General [2020] NZHC 3401
Citation 2

…Brief Publishing, Somerset, 2019) at 44. 22 Attorney-General v Strathboss Kiwifruit Ltd , above n 4, at [199]-[200], citing N v Poole Borough Council [2019] UKSC 25, [2019] 2 WLR 1478; and Robinson v Chief Constable of West Yorkshire Police [2018] UKSC 4, [2018] AC 736 at [34], citing Stelios Tofaris and Sandy St…
Tindall and another (Appellants) v Chief Constable of Thames Valley Police (Respondent) [2024] UKSC 33
Citation 3

…This summary has since been cited again by this court in N v Poole Borough Council [2019] UKSC 25; [2020] AC 780, para 76, and HXA v Surrey County Council [2023] UKSC 52; [2024] 1 WLR 335, para 88, and by the Privy Council in Great Lakes Reinsurance (UK) plc v RAV Bahamas Ltd [2024] UKPC 11, para 21. Although thi…
HXA (Respondent) v Surrey County Council (Appellant) (UKSC 2022/0149) [2023] UKSC 52
Citation 4

…d and clarified by this court, in the context of alleged failures by a local authority’s social services department, in N v Poole Borough Council [2019] UKSC 25, [2020] AC 780 (“ N v Poole ”). The decisions in these cases turn on the application of the decision and reasoning in that leading case.…
HXA v Surrey County Council [2023] UKSC 52
Citation 5

…lored and clarified by this court, in the context of alleged failures by a local authority's social services department, in N v Poole Borough Council [2019] UKSC 25, [2020] AC 780 (" N v Poole "). The decisions in these cases turn on the application of the decision and reasoning in that leading case. The defendan…
Paul & Anor v Royal Wolverhampton NHS Trust [2024] UKSC 1
Citation 6

…ral common law rule is that there is no duty of care owed in respect of a failure to benefit a claimant. See, generally, N v Poole Borough Council [2019] UKSC 25; [2020] AC 780. In a standard medical negligence context, where the claim for personal injury is brought by the patient, there is no difficulty in inclu…
Tindall & Anor v Chief Constable of Thames Valley Police [2024] UKSC 33
Citation 7

…A's status creates an obligation to protect B from that danger." This summary has since been cited again by this court in N v Poole Borough Council [2019] UKSC 25; [2020] AC 780, para 76, and HXA v Surrey County Council [2023] UKSC 52; [2024] 1 WLR 335, para 88, and by the Privy Council in Great Lakes Reinsuranc…
Great Lakes Reinsurance (UK) plc (as Subrogee of Modrono's Bimini Place Ltd) v RAV Bahamas Ltd (Bahamas) [2024] UKPC 11
Citation 8

…le of West Yorkshire Police [2018] UKSC 4, [2018] AC 736 (although that was not itself a failure to confer a benefit case), N v Poole Borough Council [2019] UKSC 25, [2020] AC 780, and HXA v Surrey County Council [2023] UKSC 52, [2024] 1 WLR 335. To establish liability for a failure to confer a benefit, which is…
Royal Bank of Scotland International Ltd v JP SPC 4 & Anor (Isle of Man) [2022] UKPC 18
Citation 9

…e para 9). In the present case the relevant facts as to whether in law the Bank owed a duty of care to the Fund can be readily identified, namely, the assumed facts. It follows that the lower courts were correct to “grasp the nettle” and to decide the question of law, as to whether there was the alleged duty of c…

Cases Cited

Statutory Material Cited

Kay v Lambeth London Borough Council [2006] UKHL 10
Citation 1

…59. The case of Kay v Lambeth London Borough Council [2006] UKHL 10; [2006] 2 AC 465 was not concerned with social services, but it raised a question as to whether there were circumstances in which lower courts might not be bound by decisions of the House of Lords, in the light of contrary decisions of the Europe…
Robinson v Chief Constable of West Yorkshire Police [2018] UKSC 4
Citation 2

…26. As was explained in Robinson v Chief Constable of West Yorkshire Police [2018] UKSC 4; [2018] AC 736, paras 31-42, public authorities other than the Crown were traditionally understood to be subject to the same general principles of the law of tort, at common law, as private individuals and bodies: see, for…
Customs and Excise v. Barclays Bank plc [2006] UKHL 28
Citation 3

…of statutory functions . Dyson LJ based his reasoning in Rowley on the decision of the House of Lords in Customs and Excise Comrs v Barclays Bank plc [2006] UKHL 28; [2007] 1 AC 181, where the question was whether the bank had assumed responsibility to the Commissioners to prevent payments out of an account, by v…
Gorringe v. Calderdale Metropolitan Borough Council [2004] UKHL 15
Citation 4

…tect the claimant from harm: see, for example, Dorset Yacht Co Ltd v Home Office , as explained in Gorringe v Calderdale Metropolitan Borough Council [2004] UKHL 15; [2004] 1 WLR 1057, para 39.…
Hertfordshire Police v Van Colle [2008] UKHL 50
Citation 5

…the significance of Stovin v Wise and Gorringe to be fully appreciated: they were not cited, for example, in Smith v Chief Constable of Sussex Police [2008] UKHL 50; [2009] AC 225. Confusion also persisted concerning the effect of Caparo until clarification was provided in Michael and Robinson . The long shadow c…
JD v. East Berkshire Community Health NHS Trust & Ors [2005] UKHL 23
Citation 6

…57. The parents in D v East Berkshire appealed to the House of Lords. Their appeals were dismissed: [2005] UKHL 23; [2005] 2 AC 373. No issue was taken with the Court of Appeal’s decision concerning the child in the Dewsbury appeal, and it was conceded that the doctors in the other appeals owed a duty of care to…
Mitchell & Anor v Glasgow City Council (Scotland) [2009] UKHL 11
Citation 7

…gent investigation of suspected child abuse, had been impliedly overruled by the decisions of the House of Lords in Mitchell v Glasgow City Council [2009] UKHL 11; [2009] AC 874 and of this court in Michael v Chief Constable of South Wales [2015] UKSC 2; [2015] AC 1732. She concluded that it had not, and that the…
W, R (on the application of) v. London Borough of Barnet [2003] UKHL 57
Citation 8

…thority to provide a range and level of services appropriate to meet the various needs of children in its area: R (G) v Barnet London Borough Council [2003] UKHL 57; [2004] 2 AC 208, para 109. In relation to the provision of accommodation, it is necessary to bear in mind the observations of Lord Hope of Craighead…
B (a Child), Re [2013] UKSC 33
Citation 9

…t consideration, and any interference with article 8 rights must be proportionate: In re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33; [2013] 1 WLR 1911, paras 32, 73 and 194-195.…
Michael & Ors v The Chief Constable of South Wales Police & Anor [2015] UKSC 2
Citation 10

…f the House of Lords in Mitchell v Glasgow City Council [2009] UKHL 11; [2009] AC 874 and of this court in Michael v Chief Constable of South Wales [2015] UKSC 2; [2015] AC 1732. She concluded that it had not, and that there was no absolute bar to a negligence claim by a child against a local authority for failu…

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