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Analysing the news: No private law duty owed by LAs or Health Protection Agency

Owain Rhys James provides a concise update on: (1)Furnell (2) Furnell (Children by their litigation friend Tracy Ann Mock) v Flaherty (T/A Godstone Farm) (1) Health Protection Agency (Third Party) Tandridge District Council (Third Party) [2013] EWHC 337 (QB), on the Civitas Law communities blog. 

His summary of the impact of the case states: 'The judgment gives a clear example of the court’ reluctance to extend private law duties to public bodies who carry act in the interest of public protection.  The classic ‘floodgates’ argument appeared to have carried substantial weight on the instant facts as the potential class of claimants could have included anyone who was infected by the E.Coli outbreak.  Although there was evidence of mistakes by both public agencies, that was not sufficient in itself to offer an indemnity or contribution to X.'