Jain v Trent Strategic Health Authority

Subject Matter

NEGLIGENCE — Duty of care to whom? — Registration authority — Authority applying ex parte for order for cancellation of registration in respect of nursing home — Application made on basis of slipshod investigation and inaccurate information — Proprietors of home suffering financial loss as result of cancellation order by magistrate — Whether relationship of proximity between proprietors and authority — Whether fair, just and reasonable to impose duty of care — Whether authority owing common law duty of care to proprietors — Whether magistrate's order causing loss — Registered Homes Act 1984, s 30

[2007] EWCA Civ 1186; [2008] QB 246; [2008] 2 WLR 456, CA

[2009] UKHL 4; [2009] AC 853; [2009] 2 WLR 248; [2009] PTSR 382; [2009] 1 All ER 957, HL(E)

Appellate History

Jain v Trent Strategic Health Authority [2006] EWHC 3019 ((QB)

Decision of Sir Douglas Brown sitting as a judge of the Queen's Bench Division reversed

Jain v Trent Strategic Health Authority [2007] EWCA Civ 1186; [2008] QB 246; [2008] 2 WLR 456, CA

Jain v Trent Strategic Health Authority [2007] EWCA Civ 1186; [2008] QB 246; [2008] 2 WLR 456, CA

Decision of the Court of Appeal affirmed

Jain v Trent Strategic Health Authority [2009] UKHL 4; [2009] AC 853; [2009] 2 WLR 248; [2009] PTSR 382; [2009] 1 All ER 957, HL(E)

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