• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month
Page
  1. 1
    1
  2. 2
    2
  3. 3
    3
  4. 4
    4
  5. 5
    5
  6. 6
    6
  7. 7
    7

English Law has so far failed to reconcile the demands of the emerging European human rights jurisprudence with its instinctive tendency to create 'public interest immunities' in respect of the negligence liability of public bodies.

Extracts from this document...

Introduction

"English Law has so far failed to reconcile the demands of the emerging European human rights jurisprudence with its instinctive tendency to create 'public interest immunities' in respect of the negligence liability of public bodies. Reform of the law is needed." Introduction The aims of this essay are to critically discuss the statement, "English Law has so far failed to reconcile the demands of the emerging European human rights jurisprudence with its instinctive tendency to create 'public interest immunities' in respect of the negligence liability of public bodies. Reform of the law is needed." From this I will establish reasoned arguments as to whether or not I agree or disagree with the statement, illustrating my answer by reference to case law and statutory provisions. What is the relevant law? Relevant laws for the argument is contained within Human Rights Acts 1998, section 6, Acts of public authorities, which I extracted from Common Law (Law 103/220) 2002 - 2003 Statutory Materials Handbook. Which states: (1) It is unlawful for a public authority to act in a way that is incompatible with a convention right. (2) Subsection (1) does not apply to an act if - (a) as the result of one or more provisions of primary legislation, the authority could not have acted differently; or (b) ...read more.

Middle

And so I believe a way around this problem would be to privatise the public services, so that if any citizens would like to take the services to court then the immunity would not apply, and so a fair and impartial hearing would be able to take place, meaning justice will be done. Where immunity has been exercised by the courts In the case of Osman v Ferguson4 the courts dismissed the applicants claim that the Police had negligently failed to arrest Paget-Lewis, who was Ahmet Osman's former schoolteacher. The Police had failed to arrest Paget-Lewis on any charge after interviewing him on the basis of complaints made to them from the Osman family. Tragically for the Osman's, Paget-Lewis went on to conduct the threats he had made, and on the 7th of March, Paget-Lewis seriously injured Ahmet Osman, and killing his father. And so the courts found that this case satisfied the proximity requirements that were needed to show that the Police did infact owe the Osman's a duty of care as their relationship was sufficiently proximate. However the case was a failure, as the English court applied the immunity from Hill v Chief Constable of West Yorkshire. ...read more.

Conclusion

Who would it benefit more? Would the public / Police be getting a better deal? And would changing any of the above mean that Police officers could not do their job properly because they are unable to work to serve the public to the best of their ability because they are too busy thinking if their actions will attract a court case. Concluding statement Furthermore on concluding this argument I believe that for the reasons set out in my arguments in the above section, "What are the problems with the law?" There can be no straight answer as to whether or not the Police or any other public service for that matter should be entitled to immunity from the courts. As there will always be tests that have to be satisfied before the courts, that go on to prove some matter of fact. And then each case is individual in its own right, and so has to be examined and judged upon its own merit. Having said that I do believe that the Police and other services should be able to do their job to the best of their ability without having to worry about the public taking them to court. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree English Legal System section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree English Legal System essays

  1. Sources of English law.

    Economic interpretations Marx: Law and state are repressive instruments of the class domination. In the transition to Communism , which has no need of coercion because is the government of the people, they will wither away. Max Weber: Factors in particular civilizations are taken into account, including the existence of accepted systems of values.

  2. The constitutional jurisprudence of the ECJ is a paradigm of judicial activism. Discuss in ...

    Yet this is hard to prove as mentioned due to the varying interpretative styles of the nations' vast number of courts. And lastly a strict test of beyond reasonable doubt54. These requirements, described as "intimidating55" indeed put a great deal of pressure national Courts wishing to use the acte clair doctrine in accordance with Community law56.

  1. The European Court of Human Rights was set up in 1959 as part of ...

    the case showed a breach of the States obligations under Article 8 of the Convention. In September 1996 the Chamber relinquished its jurisdiction to the Grand Chamber4. The Grand Chamber decided that it was not necessary to hold another hearing following the relinquishment of jurisdiction5.

  2. Confidence and privacy torts

    if newspapers do not publish information which the public are interested in, there will be fewer newspapers published, which will not be in the public interest" (see Appendix 2) A person who takes a photograph of another person in a hospital bed, without his knowledge, is not under an 'obligation of confidence' to the person whose photograph he has taken.

  1. The Children Act 1989 sets out legislation that protects the rights of children in ...

    The applicant solicitor and the foster parents are seated in close proximity to the family. Considering the Fathers known aggression this situation may aggravate any potential for conflict. Ignoring the recommendations for a relaxed atmosphere may impede the welfare principle considering Paul has been unjustly put in a confrontational situation.

  2. The right to freedom of expression is probably the most universally accepted human right.(2) ...

    It stressed the media's crucial role in reporting matters of public interest. Freedom of the press provided the public with "one of the best means of discovering and forming an opinion of the ideas and attitudes of political leaders"(16). The Court stated: "More generally, freedom of political debate is at

  1. Charitable trusts are public trusts that confer a benefit to the community.

    This is very similar to what Lord Cross proposed. Lord Cross stated that a logical solution would be to separate the two concepts and then also to say that only some charities should enjoy fiscal privileges Whether the heads of charity are outdated is a contentious issue.

  2. Judge-made law. When Lord Denning came up with the neighbour principle, had he developed ...

    exclude altogether or exclude when the meaning is unambiguous, certain material from considerationâ. [32] Rupert Cross, Statutory Interpretation (3rd edition, Butterworths, 1976) Unified Contextual Approach The judge must give effect to the [grammatical and] ordinary, or, where appropriate, the technical meaning of words in the general context of the statute;

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work