Dobson v Public Services [2003] JRC 150 (03 September 2003)

Dobson v Public Services [2003] JRC 150 (03 September 2003)

There is no private cause of action for breach of statutory duty or common law duty of care for non-repair of highways by the Committee; the plaintiff's claim discloses no reasonable cause of action and must be struck out.

Citation
[2003] JRC 150
Parties
Plaintiff: Plaintiff; Defendant: Committee
Jurisdiction
Jersey
Judgment Date
03 September 2003
Procedural Posture
Appeal / Appeal Against Master's Refusal to Strike Out Order of Justice
Outcome
appeal allowed; plaintiff's claim struck out
Legal Topics
Liability of Public Bodies, Statutory Duty, Common Law Duty of Care, Highway Maintenance
Tort Law Public Law Liability of Public Bodies Statutory Duty Common Law Duty of Care Highway Maintenance

Case Brief

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Parties

Plaintiff

Plaintiff

Committee

Defendant

Procedural Posture

Appeal / Appeal Against Master's Refusal to Strike Out Order of Justice

Legal Issues

  1. 1 Does breach of statutory duty to repair highways give rise to a private cause of action?
  2. 2 Is there a common law duty of care owed by the Committee to individual road users for non-repair of highways?

Ratio Decidendi

There is no private cause of action for breach of statutory duty or common law duty of care for non-repair of highways by the Committee; the plaintiff's claim discloses no reasonable cause of action and must be struck out.

Court Disposition

appeal allowed; plaintiff's claim struck out

Orders

  • Order of justice struck out for disclosing no reasonable cause of action