Darby v Richmond on Thames London Borough Council

Darby v Richmond on Thames London Borough Council

The statutory scheme governing housing allocation does not create a common law duty of care owed by the council to the applicant; comprehensive alternative remedies exist; case law precludes such a duty; the claim discloses no reasonable grounds and was properly struck out.

Parties
Claimant/appellant: Lillian Darby (Administratrix of the estate of Lee Mark Rabbetts, deceased); Defendant/respondent: Richmond on Thames London Borough Council
Jurisdiction
England and Wales
Judgment Date
11 April 2017
Procedural Posture
Civil Appeal / Application for Permission to Appeal; Appeal If Permission Granted
Outcome
Permission to appeal refused
Legal Topics
Duty of Care, Public Authority Liability, Housing Allocation, Statutory Duty, Judicial Review
Tort Law Administrative Law Duty of Care Public Authority Liability Housing Allocation Statutory Duty Judicial Review

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Parties

Lillian Darby (Administratrix of the estate of Lee Mark Rabbetts, deceased)

Claimant/appellant

Richmond on Thames London Borough Council

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal; Appeal If Permission Granted

Legal Issues

  1. 1 Whether a local housing authority owes a common law duty of care to an applicant in allocating housing under statutory functions
  2. 2 Whether failure to allocate sufficient medical points and re-house constitutes actionable negligence

Ratio Decidendi

The statutory scheme governing housing allocation does not create a common law duty of care owed by the council to the applicant; comprehensive alternative remedies exist; case law precludes such a duty; the claim discloses no reasonable grounds and was properly struck out.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal refused
  • No order as to appeal