2016•Unpublished venueRequires access
PUBLIC AUTHORITY NEGLIGENCE REVISITED
S. H. Ba Ley, Bowman I. IntroductOn
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Abstract
Te question of the extent to which public authorities should be held liable in negligence continues to generate both academic and judicial controversy in England and in Commonwealth jurisdictions.' This is not surprising, given the combination of a number of factors. First, the potential of the tort of negligence to provide a remedy for a loss that has been suSered seems increasingly to be recognised by the lawyers to whom the victims turn for advice. Secondly the substantive scope of the tort of negligence has itself been developed, with the recognition, for example, that lt may apply in the case of purely economic loss2 and apply to a wider range of situations in the case of psychiatric damage.3 Thirdly, public authorities as defendants have the advantage of always being there4 and of having access, at least in