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Jain v Trent Strategic Health Authority

[2007] EWCA Civ 1186

Case summary last updated at 18/01/2020 19:53 by the Oxbridge Notes in-house law team.

Judgement for the case Jain v Trent Strategic Health Authority

 P ran a nursing home which D had closed down on the basis of a false conclusion that the home wasn’t doing a good job. P sued D for negligence in causing P economic loss. CA held that although there was proximity, it was not fair, just and reasonable to impose a duty of care towards P, when this might conflict with the statutory duty for D 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. 

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