Welton & Anor v North Cornwall District Council [1996] EWCA Civ 516 (17th July, 1996)

Welton & Anor v North Cornwall District Council [1996] EWCA Civ 516 (17th July, 1996)

The Court held that the environmental health officer, by imposing detailed and unnecessary requirements under threat of closure and with knowledge of the plaintiffs' reliance, assumed responsibility within the Hedley Byrne principle. The statutory framework did not preclude a common law duty of care in these circumstances, and the local authority was liable for the economic loss caused by the officer's negligent statements.

Citation
[1996] EWCA Civ 516
Parties
Respondent/plaintiff: Victoria Florence Welton; Respondent/plaintiff: David John Welton; Appellant/defendant: North Cornwall District Council
Jurisdiction
England and Wales
Procedural Posture
Civil Appeal / Appeal From Truro County Court to Court of Appeal (civil Division)
Outcome
Appeal dismissed save for variation of damages.
Legal Topics
Negligence, Duty of Care, Economic Loss, Assumption of Responsibility, Statutory Powers and Duties, Hedley Byrne Principle
Tort Law Administrative Law Local Government Law Negligence Duty of Care Economic Loss Assumption of Responsibility Statutory Powers and Duties +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 24 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Victoria Florence Welton

Respondent/plaintiff

David John Welton

Respondent/plaintiff

North Cornwall District Council

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From Truro County Court to Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether a local authority owes a duty of care in negligence for statements made by its environmental health officer when exercising statutory powers regarding food hygiene.
  2. 2 Whether the Hedley Byrne principle applies to the conduct of a statutory officer imposing requirements on a business owner, resulting in economic loss.

Ratio Decidendi

The Court held that the environmental health officer, by imposing detailed and unnecessary requirements under threat of closure and with knowledge of the plaintiffs' reliance, assumed responsibility within the Hedley Byrne principle. The statutory framework did not preclude a common law duty of care in these circumstances, and the local authority was liable for the economic loss caused by the officer's negligent statements.

Court Disposition

Appeal dismissed save for variation of damages.

Orders

  • Damages award reduced to £34,000 in favour of the plaintiffs.
  • All other aspects of the appeal dismissed.