B&B v A County Council

B&B v A County Council

The Court held that while the local authority owed and breached a duty of care to the appellants by negligently disclosing their identity, the appellants failed to prove on the balance of probabilities that the birth family orchestrated a campaign of harassment causing the alleged damages. The claims in contract, breach of confidence, and assumption of responsibility were also dismissed. The appeal was therefore dismissed.

Parties
Appellants: B&B; Respondent: A County Council
Jurisdiction
England and Wales
Judgment Date
21 November 2006
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Negligence, Duty of Care, Breach of Confidence, Assumption of Responsibility, Adoption Confidentiality, Damages for Psychiatric Injury
Tort Law Family Law Adoption Law Negligence Duty of Care Breach of Confidence Assumption of Responsibility Adoption Confidentiality +1 more

Case Brief

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Parties

B&B

Appellants

A County Council

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the local authority owed and breached a duty of care to the adoptive family to keep their identity confidential during the adoption process
  2. 2 Whether the breach caused the alleged campaign of harassment and resulting damages
  3. 3 Whether there was a valid claim in contract, breach of confidence, or assumption of responsibility

Ratio Decidendi

The Court held that while the local authority owed and breached a duty of care to the appellants by negligently disclosing their identity, the appellants failed to prove on the balance of probabilities that the birth family orchestrated a campaign of harassment causing the alleged damages. The claims in contract, breach of confidence, and assumption of responsibility were also dismissed. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • Both the appeal and the Respondent's Notice are dismissed.