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Public Bodies (Police Cases (Smith V Chief Constable of Sussex Police,…
Public Bodies
Police Cases
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Osman V United Kingdom - There must be a real and immeidate danger (Van Colle did not pass this test).
The public dimension
Ultra Vires
Dorset Yacht case Ltd Diplock The concept of vires has replaced the concept of negligence as the test of actionability of acts or omissions of government departments
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Policy-operational distinction - Lord Wilberforce in Annes V Merton LBC (1978). The distinction is a matter of degree.
Justiciability Lord Keith in Rowland V Takaro Properties. Policy operational spheres is not a touchstone of liability, but serves to preclude situations which are unsuitable for judicial resolution.
The policy/operations distinction does not itself determine a duty of care but a way of filtering out claims which are unsuitable for judicial resolution. Examples of non justiciable situations are decisions involving the allocation of scarce resources or distribution of risk.
Discretion - excercised so unreasonably that it is no longer the excercise of the discretion conferred upon by the public body. Wednesbury unreasonableness Lord Reid - Dorset Yacht case. On the facts it was held that leaving their charges unattended was beyond the discretion conferred upon them
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Stovin V Wise (1996) Lord Hoffman disagreed with the operational/policy distinction on the basis that all even trivial decisions involve a certain level of discretion. Ultimately though his final judgement was based on this dichotomy.
Lord Nichols disagreed with the distinction also because he disagreed that there was a 'no-go' area which the courts were precluded from. He disagreed with this immunity and considered that no statutory power is immune from judicial review.
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