This chapter examines how statutory obligations occasionally give rise to private actions in tort. It explains that a breach of a statutory duty will not automatically confer a right of action on anyone adversely affected by it (and that it does not necessarily ground an action for negligence either). The chapter sets out the relevant elements of the statute-based tort, noting that the claimant must prove both that he was intended by Parliament to be protected as an individual and that the protection was aimed at preventing the kind of loss he suffered. If these elements are fulfilled, he will be entitled to compensation for loss. Defences specific to this area of law are considered also.
Chapter
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Congreve v Home Office [1976] QB 629, Court of Appeal (Civil Division). This case provides an example of illegality in the context of judicial review and also discusses the concept of parliamentary intention, and theoretical models for justifying particular interpretations of it. The document also includes supporting commentary and questions from author Thomas Webb.
Chapter
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Padfield v
Minister of Agriculture, Fisheries and Food [1968] AC 997, House of Lords. This case is concerned with the scope and limits of ministerial discretion, and how, in the case of statutory powers, the courts determine this with reference to the intentions of Parliament and the objectives of the Act in question. The document also includes supporting commentary and questions from author Thomas Webb.
Chapter
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Padfield v Minister of Agriculture, Fisheries and Food [1968] AC 997, House of Lords. This case is concerned with the scope and limits of ministerial discretion, and how, in the case of statutory powers, the courts determine this with reference to the intentions of Parliament and the objectives of the Act in question. The document also includes supporting commentary from author Thomas Webb.
Chapter
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Congreve v Home Office [1976] QB 629, Court of Appeal (Civil Division). This case provides an example of illegality in the context of judicial review and also discusses the concept of parliamentary intention, and theoretical models for justifying particular interpretations of it. The document also includes supporting commentary from author Thomas Webb.
Chapter
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Public Law Project) v Secretary of State for Justice [2016] UKSC 39, Supreme Court. The Court was asked to consider whether the Henry VIII powers granted under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 permitted the Secretary of State for Justice to introduce a residency test into the provisions regulating legal aid. The case raises wider questions about the oversight and review of Henry VIII powers. The document also includes supporting commentary and questions from author Thomas Webb.
Chapter
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Public Law Project) v Secretary of State for Justice [2016] UKSC 39, Supreme Court. The Court was asked to consider whether the Henry VIII powers granted under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 permitted the Secretary of State for Justice to introduce a residency test into the provisions regulating legal aid. The case raises wider questions about the oversight and review of Henry VIII powers. The document also includes supporting commentary from author Thomas Webb.
