Furnell v Flaherty (t/a Godstone Farm) [2013] EWHC 377 (QB) (27 February 2013)

Furnell v Flaherty (t/a Godstone Farm) [2013] EWHC 377 (QB) (27 February 2013)

The Health Protection Agency and Tandridge District Council did not owe a duty of care to visitors of Godstone Farm in respect of the E. coli outbreak. Statutory powers and duties alone do not create a common law duty of care. There was no assumption of responsibility or relationship sufficient to generate a private law duty. The additional claims against the third parties were properly struck out.

Citation
[2013] EWHC 377
Parties
Claimant: Aaron George Furnell; Claimant: Todd Sydney Furnell; Litigation Friend: Tracy Ann Mock; Defendant: Jacqueline Flaherty; Third Party: Health Protection Agency; Fourth Party: Tandridge District Council
Jurisdiction
England and Wales
Judgment Date
27 February 2013
Procedural Posture
Appeal / Appeal Against Strike Out of Additional Claims
Outcome
Appeal dismissed; strike out of additional claims upheld.
Legal Topics
Duty of Care, Assumption of Responsibility, Statutory Powers and Duties, Occupiers' Liability, Civil Liability (contribution) Act 1978
Tort Law Public Authority Liability Negligence Duty of Care Assumption of Responsibility Statutory Powers and Duties Occupiers' Liability Civil Liability (contribution) Act 1978

Case Brief

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Parties

Aaron George Furnell

Claimant

Todd Sydney Furnell

Claimant

Tracy Ann Mock

Litigation Friend

Jacqueline Flaherty

Defendant

Health Protection Agency

Third Party

Tandridge District Council

Fourth Party

Procedural Posture

Appeal / Appeal Against Strike Out of Additional Claims

Legal Issues

  1. 1 Whether public authorities (Health Protection Agency and Tandridge District Council) owed a duty of care to visitors of Godstone Farm in respect of E. coli outbreak
  2. 2 Whether statutory powers and duties can give rise to a common law duty of care
  3. 3 Whether there was an assumption of responsibility by the third parties

Ratio Decidendi

The Health Protection Agency and Tandridge District Council did not owe a duty of care to visitors of Godstone Farm in respect of the E. coli outbreak. Statutory powers and duties alone do not create a common law duty of care. There was no assumption of responsibility or relationship sufficient to generate a private law duty. The additional claims against the third parties were properly struck out.

Court Disposition

Appeal dismissed; strike out of additional claims upheld.

Orders

  • Additional claims against Health Protection Agency and Tandridge District Council struck out.
  • No duty of care found; no indemnity or contribution ordered.