Self-test questions: Public Bodies

. Which of the following are NOT included within the definition of a public body or authority?

. What does "justiciability" mean in a negligence case involving a public body?

. Mario owns a block of flats. The building next door catches fire and the fire service are called. They extinguish the flames but leave some debris smouldering in the basement. This catches light and sets light to Mario's building. Mario wants to bring a claim in negligence against the fire service, is he likely to succeed?

. Louie's home is next door to a warehouse. The fire service are called out to a fire in the warehouse, and decide to turn off the sprinklers to avoid causing water damage to the contents of the warehouse. As a result of this act, the fire spreads to Louie's home and burns down his house. Is Louie likely to succeed in a claim for negligence against the fire service.

. Giorgos lives in a remote farmhouse 10 miles from the nearest main road. Giorgos is injured by a lightning strike which also sets light to his home. He calls 999 and requests an ambulance and the fire service to attend. The call handler acknowledges that an ambulance and fire engine are required, but mis-classifies the call and neither the fire service nor the ambulance attend. Can Giorgos bring a successful claim against the fire service and the ambulance service for failing to attend to help him?

. Do the police have immunity from negligence claims?

. Isla is a young woman who walks with crutches due to a long-term health condition. She is walking through a busy shopping centre when she is knocked to the ground by a police officer chasing a thief. Isla suffers serious injuries and wishes to bring a claim in negligence against the police, will she be successful?

. Eloise was a police informant in relation to a drugs conspiracy. She provided evidence which helped to convict a number of members of a drug gang, and the police were aware that she was at personal risk if her identity should become known. Some paperwork containing Eloise's details were stolen from an unlocked police car, and her identity was disclosed to the criminals. Eloise was assaulted and subjected to a campaign of harassment. Eloise wishes to bring a claim in negligence against the police, will she be successful?

. Andy is a soldier in the armed forces and has been out drinking with fellow soldiers off duty. Andy collapses whilst drunk and his commanding officer arranges for him to be assisted back to his room. Andy was left unsupervised and slipped, suffering a head injury when his head struck a table. Andy would like to bring a claim in negligence against the Ministry of Defence, will he be successful?

. Soldiers fighting in combat overseas allege that the Ministry of Defence have failed to properly equip their tanks and have failed to provide sufficient training to prevent "friendly fire" incidents where soldiers are shot at by their own army. Are the soldiers able to successfully argue their negligence claim against the Ministry of Defence?

. Jonny is a teacher taking a party of schoolchildren on a canoeing trip. They get into difficulties paddling in open water at sea, with the children becoming separated and Jonny's canoe capsizes. Someone on shore calls the coastguard to assist the party, but they take over an hour to arrive and Jonny suffers injuries as a result. Can Jonny bring a successful claim against the coastguard?

. Can a Claimant successfully bring a claim against a local education authority in relation to negligent assessment of educational needs?

. Wendy and Bill are foster carers who regularly take children from the local authority on a temporary basis. They specifically tell the local authority that they will not accept any foster child into their home who was a known or suspected child abuser, as they have their own children. The local authority negligently places a teenage boy in their care who they knew had carried out sexual assaults against his own sister. The boy sexually assaults Wendy & Bill's children while in their care. Can Wendy & Bill successfully claim against the local authority on behalf of their children?

. PC Blue is a traffic police officer driving a marked police patrol car. Whilst on duty he sees a vehicle being driven erratically, so gives chase to try and stop the vehicle. During the course of the pursuit PC Blue drives at speeds of up to 100 mph on the motorway, and skids on the wet road, colliding with the car he his chasing and crashing into another vehicle being driven by Rachel. Can Rachel bring a successful claim for damages in relation to this incident?

. There is a spate of burglaries with a distinctive mode of entry (the offender appears to use a fishing rod through the letterbox to unlock the front door to gain entry) which the police have not investigated properly due to cuts in the forensic science budget which has prevented them from processing fingerprints at the scene. As a result the offender has not been arrested. Ethel is an elderly woman whose house is the latest house to be burgled in a similar manner. Ethel suffers injuries when she confronts the burglar who is in the process of stealing her jewellery box. The offender is caught after her burglary and charged with all of the burglary offences. Ethel would like to bring a claim in negligence against the police for failing to investigate the previous burglaries properly, which would have led to the earlier apprehension of the offender who broke into her home, will she be successful?

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