This website uses cookies to ensure you get the best experience on our website. Learn more

Jain v Trent Strategic Health Authority [2007] EWCA Civ 1186

By Oxbridge Law TeamUpdated 04/01/2024 07:03

Judgement for the case Jain v Trent Strategic Health Authority

Table Of Contents

  • Plaintiff ran a nursing home which Defendant had closed down on the basis of a false conclusion that the home wasn’t doing a good job.

  • Plaintiff sued Defendant for negligence in causing Plaintiff economic loss.

  • CA held that although there was proximity, it was not fair, just and reasonable to impose a duty of care towards Plaintiff, when this might conflict with the statutory duty for Defendant to ensure the welfare of the residents (i.e. if the PA have to worry about being sued for negligence then they might not close down homes which do treat the residents v badly).

  • If human rights had been abused, they could be remedied through s.6 HRA 1998, so that a restrictive approach to negligence no longer resulted in a lack of an effective remedy in breach of article 13 ECHR.

  • This latter point has been supported subsequently by HL in Smith v Chief Constable of the Sussex Police, Lord Bingham dissenting.

Any comments or edits about this case? Get in touch

For Further Study on Jain v Trent Strategic Health Authority

Tort Law Notes
1,070 total pages
847 purchased

Tort Law notes fully updated for recent exams at Oxford and Cambridge. ...

Need instant answers? Our AI exam tutor is here to help.

Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️

Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.

Get Started

Related Product Samples

These product samples contain the same concepts we cover in this case.

Tort LawNegligence Law Notes (20 pages)
Claim every advantage to get a first in law
Tort Law Notes
1,070 total pages
847 purchased

Tort Law notes fully updated for recent exams at Oxford and Cambridge. ...