0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Douce v Staffordshire County Council, Court of Appeal, 19 April 2002

8 May 2002
The issues

Economic Loss – Registered Homes Act 1984 – Care Homes

The facts

Staffordshire County Council were deemed negligent by the Claimant for damages for economic loss. It was alleged that they were negligent in their construing the 1984 Act as requiring “staffing to capacity” of care homes. As a result, the Claimant’s alleged, there had been overpayment of wages which they sought to recover.

The County Council claimed its actions were matters of discretion which they should not be liable unless there actions were so unreasonable as to be outside that discretion. They applied for summary judgment. They were refused and appealed to the Court of Appeal.

The decision

These matters turned on questions of mixed fact and law. This is an area of developing juris prudence. A full Trial was required to ascertain whether the Council owed a duty to owners and managers of care homes for negligently caused economic loss.

focus on...

Legal updates

Non-payment of insurance premiums during the Coronavirus pandemic

The forced closure of many businesses as a result of the Coronavirus pandemic has had a huge impact on the nation’s Gross Domestic Product (GDP). Recent reports from the Office for National Statistics state that the economy was 25% smaller in April than it was in February this year.

View

Legal updates

Reinstatement for property damage losses – when does it apply?

The Court of Appeal has recently considered the correct test for measuring the indemnity for property damage losses and has provided useful guidance on whether an insured needs to intend to reinstate the property to its pre-loss condition.

View

Legal updates

Coronavirus (COVID-19) insurance considerations

With instances of COVID-19 rapidly increasing throughout the UK, many businesses are considering the options available to limit staff and customer exposure to Coronavirus.

View

Legal updates

Insurance annual review 2019-2020

Welcome to our review of 2019 as we look ahead to what is on the horizon for the insurance sector in 2020.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up



Select which mailings you would like to receive from us.

Sign up