The claimant ran a Nursing Home. He sought damages from the respondent for economic losses suffered after an allegedly negligent interpretation by the authority of the Act led them to require of the claimant to employ more staff than the Act actually required. The authority required the home to staff it ‘to capacity’ rather than to the number of actual residents. The authority suggested that they had acted within their discretion, and that there was no proper claim against them.
Held: Such a claim was justiciable and should be allowed to proceed. This was an area of developing jurisprudence, and was a mixture of fact and law.
Judges:
Lord Justice Potter and Sir Denis Henry
Citations:
Times 02-May-2002, Gazette 30-May-2002, [2002] EWCA Civ 506
Links:
Statutes:
Jurisdiction:
England and Wales
Local Government, Negligence
Updated: 07 September 2022; Ref: scu.170209
