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5 Cards in this Set
- Front
- Back
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1) |
Overlaps with other areas , separation of powers fear, parliament conferred power discretion Gorringe stovin and wise |
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Raises the spectre of court interference with policy decisions of democratically elected bodies X bedforshire- Browne wilkisnons ,public law hurdle before even get to caparo- only interfere if ultra vires Osullivan this view only justifiable for top level public authority decision Hospital exmaple, live near a and e costs saving reasons decide to move thirty miles away , suffer brain damage because didn't get treatment in time, cannot allege negligence as it involves a top level policy decision , sep of powers something private law cannot touch But x, and Michaels were not political but how policies are implementation at ground level |
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Spectre of legal liability hampering budgets and operational efficiency Deterrent-, limited resources, stovin v wise |
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Rarely inflict harm positively, rather failure, issue of liabilty for omissions Exceptions Stovin v wise But pure omisisons ? See O'Sullivans argument as acting badly |
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Impact Echr and Hra Hill: lord keith immune Osman : fai led article 6 right to a fair trial when struck out as police immune watertight defence Barret: same as x not struck out as fear article breach Z: overruled Osman, confused procedural measure substantial rights, fair just reasonable procedure to establish doc , rejects blanket statement police are immune |
