Regulators – a duty of care to providers?


Posted on June 1st, by editor in Caring Times. No Comments

By CARLTON SADLER of Bevan Brittan LLP

The Court of Appeal has recently delivered a landmark decision on the issue of whether regulatory bodies exercising statutory powers owe a duty of care in negligence to the providers of the services they regulate.

The Court of Appeal was considering the case of Jain v Trent Strategic Health Authority [2007] EWCA Civ1186 which concerned an appeal by Trent against the first instance decision of Sir Douglas Brown in the High Court. Sir Douglas Brown’s decision had been significant as it was the first time that the Court had recognised that registration a





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