Darby v Richmond upon Thames London Borough Council

Housing – Local authority. The claimant, as administratrix of the estate of her son, L, brought proceedings against the defendant local housing authority. She contended that, had the authority properly applied its housing policy and offered L accommodation before he contracted an infection, he would not have contracted the infection and would not have died. The authority sought summary judgment or, alternatively, to strike out the claim. The Queen's Bench Division held that the claimant's essential complaint was that the authority had not been exercising its statutory duties and powers properly, which was insufficient to give rise to a duty of care and the provision of the information relating to L's health was insufficient to give rise to the duty of care sought to be relied on. The claim would be struck out and, in the alternative, summary judgment granted.