The Liability of Public Authorities for Failing to Confer Benefits (original) (raw)

This article examines the circumstances in which a public authority may be held liable in negligence for failing to confer a benefit. Close consideration is given to the implications of the decision in Gorringe v Calderdale MBC [2004] UKHL 15, [2004] 1 WLR 1057 for the English law in this area, and the law after Gorringe is subjected to critical analysis. The article is divided into three main parts. In the first part, consideration is given to whether negligence liability for failure to confer a benefit can ever be based on the existence of a statutory duty or power imposed or conferred on a public authority defendant. In the second part, the focus changes to the application of ordinary private law principles to public authority defendants in cases involving failures to confer benefits. And in the third and final part, it is asked whether the current state of the law in this area is satisfactory. Keywords: negligence, duty of care, liability of public authorities, omissions.