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

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.