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BREACH OF STATUTORY DUTY (1. When does a private right of action rise?…

- - - - Exceptional circumstances where there is private right
        
        Where stat duty was imposed for the benefit of a class of persons
        
        Where stat created a public right and indiv member of public suffered particular, direct and substantial damage different from that suffered by others
        
        Groves v Lord Wimborne
        The fine did not go to injured employee or family and statute was for the benefit of employees - private action established.
      - Atkinson v Newcastle Waterworks
        Statute provided for fine for breach to ensure pipes were charged with water - no private action.
    - - R v Depputy governor of Parkhurst Prison private law remedies available, no private right of action in breach of stat duty
      - Groves v Lord Wimborne Though plaintiff could claim in negligence, still can sue in breach of stat duty
      - Cullen v Chief Constable of the Royal Ulster Constabulary Relative effectiveness between alternative remedy and civil claim for damages also relevant. Here, speedy hearing of application for judicial review more effective than action for nominal damages after long detention.
    - - Kirvek Management v AG Provision intended to confer a benefit upon a defined class of persons (litigants paying moneys into court), but no enforcement mechanism
      - Bedfordshire Mere existence of some stat remedy is not necessarily decisive. Still can show parliament's intention otherwise.
    - - O' Rourke v Camden London Borough Council
        UK Housing Act was a social welfare scheme to confer benefits on the homeless, and existence of duty to provide accommodation was discretionary. Alternative remedy: judicial review.
      - Phelps v Hillingdon London Borough Statute conferred discretionary powers in dealing with social welfare and judicial review available.
    - - Olotu v Home Office
        Claimant remanded beyond period stipulated regulations to ensure this exact thing does not happen. Parliament would not have foreseen that prosecution would breach it and person would not have applied for bail.