Date: Fri, 4 Jul 2008 14:24:08 +0100

From: Robert Stevens

Subject: Law Commission on Liability of Public Bodies

Many colleagues will no doubt be interested to learn of the English Law Commission's consultation paper proposing to reform the liability of public bodies.

"Highlights" of these proposals include:

(i) a suggestion that breach of statutory duty should be abolished;
(ii) a proposal to abolish joint and several liability in this context, based upon a misunderstanding of its justification;
(iii) a proposal to allow recovery for 'pure' economic loss against public bodies, based upon a misunderstanding of why such loss is not actionable;
(iv) a frankly bizarre discussion of the principles of liability for torts (Appendix A), including a basic misunderstanding of the nature of corrective justice.  

Some of you will hopefully be inspired to write in. For myself, I don't really know where to begin.

Robert

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