*/
Lord Hoffmann has spoken out against Law Commission proposals to help individuals seek redress against public bodies.
Currently, individuals must establish that the public body owes them a specific statutory duty or is in breach of a duty of care at common law before bringing a claim for loss. In January 2009, the Law Commission proposed abolishing this and instead letting individuals claim compensation if the public body has been “seriously at fault” in the exercise of its powers—an entirely new concept in English law.
In a speech on “Reforming the law of public authority negligence”, Lord Hoffmann said: “I think that is an absolutely terrible idea and I hope it will be quietly dropped.” Creating such a liability would add to the financial burdens on the public body. Moreover, public bodies must make choices about spending priorities, therefore asking judges to decide on these choices would be inappropriate, he said.
Lord Hoffmann has spoken out against Law Commission proposals to help individuals seek redress against public bodies.
Currently, individuals must establish that the public body owes them a specific statutory duty or is in breach of a duty of care at common law before bringing a claim for loss. In January 2009, the Law Commission proposed abolishing this and instead letting individuals claim compensation if the public body has been “seriously at fault” in the exercise of its powers—an entirely new concept in English law.
In a speech on “Reforming the law of public authority negligence”, Lord Hoffmann said: “I think that is an absolutely terrible idea and I hope it will be quietly dropped.” Creating such a liability would add to the financial burdens on the public body. Moreover, public bodies must make choices about spending priorities, therefore asking judges to decide on these choices would be inappropriate, he said.
The Chair of the Bar reports back
By Kem Kemal, CEO, Henry Dannell
By BSK Financial Planning
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs
Susie Griffin on the admin that keeps barristers from billable work
Clement Cowley, Partner at The Penny Group, explains how global events can influence the performance of pensions and ISAs, and why taking a long-term approach to investing is often the most effective strategy
Kick off your career at the Bar Council’s Pupillage Fair this October – it’s one of the most valuable opportunities for aspiring barristers, says Amelia Clegg
Join us on Saturday 21 November 2026 at Leeds Beckett University and see for yourself why the North continues to be an exceptional place to build a career at the Bar
The golden age of advocacy? David Langwallner pays homage to the filmic if contentious barrister Sir Edward Carson and some of his contemporaries
Henry Fingerhut outlines what the Bar Standards Board AI guidance means for early career barristers
Not yet, says Jacob Turner. Regulation, unlike the technology itself, is a domain the legal profession can still control
