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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Towards a Public Law of Tort


ISBN13: 9780754646839
Published: October 2008
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £95.00



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Presenting a new approach to the problem of public authority liability, this volume provides a theoretical foundation in the form of principles of administrative liability that are both normatively sound and consonant with other recognized legal principles. These principles are used as criteria by which to judge the current law and as a guide to reform.

Such reform could be brought about by judicial development of the law, and this volume explains how. It considers both the procedural and the substantive divides between public and private law and explains the proposed solution's relation to the forms of public authority liability already present under European Community law and the Human Rights Act.

Focusing in particular on UK law, the book is also relevant to other Commonwealth countries and will be of interest to scholars and practitioners of both tort and public law.

Subjects:
Local Government Law, Tort Law
Contents:
Part 1 Theoretical Foundations:
Introduction
Dicey's equality principle and the state
Principle I
Cohen and Smith's theory of entitlement
Principle II
The reach of public law
The distinctiveness of public law
The nature of public law duties elaborated.
Part 2 Implementation:
Implementing principle II
Principle I and the stable and volatile parts of tort law
Principle I and the case law on negligence
Implementing the public approach to negligence
Outstanding issues.