ABSTRACT
This chapter considers the liability of public authorities for harm suffered by members of the public, which was either caused by or might have been prevented by the public authority. Public authorities are granted powers to enable them to carry out their duty. The extent of public authority liability is one of the more contentious issues in negligence and has been regularly considered by the House of Lords and the Supreme Court. There are three potential claims that a claimant can make against a public authority. The first two are common law torts, and the third is a claim under the Human Rights Act 1998: breach of statutory duty, common law negligence and breach of human rights. If a duty is imposed on a public authority by statute, and the authority fails to carry out the duty, the authority has acted unlawfully.
