Mediation & other forms of ADR — practical guidance for resolving disputes outside of court
We discuss what mediation and other forms of ADR are, their benefits, when they’re most effective and how courts view parties who refuse to engage in them.
Supreme Court judgment may open the door to successful liability claims against public bodies
AuthorsPaul Lunt
3 min read
Only around 50 cases per year (on average) make it all the way to the Supreme Court — the UK’s highest domestic court (formerly ‘The House of Lords’) — which has the final word when it comes to appeals within the UK legal system. So, what it says matters.
Often, the issues addressed by the Supreme Court can seem rather theoretical and of little obvious or practical importance to the ‘person in the street’.
However, its recent (23 October 2024) decision in Tindall v Chief Constable of Thames Valley Police [2024] UKSC 33 could have very real everyday consequences.
Here, Head of Litigation Paul Lunt and Paralegal Ellis McManus explain a major development in the potential liability of public bodies and similar institutions.
Housing estate landlord scenario
Consider this scenario — you’re a tenant in a council-owned housing estate. It’s winter and there are various snow- and ice-covered pavements and car parks following days of deep-lying snowfall.
Do you want your council landlord to either:
- Do nothing about the danger posed by the thick snow and ice that has formed and settled in the car parks and on the pavements?
- Take steps to spread salt and apply other measures to try to make it easier and safer to navigate the pathways and car parks?
You may well prefer that your landlord tries to help, rather than do nothing. Yet the traditional legal position is that even where someone slips and suffers serious injury, your council landlord can’t be held legally liable for declining to do anything to try to prevent injury to those who try to navigate the snow-covered pavements and car parks.
No legal duty to protect others from harm
Generally, a person has no legal duty to protect another person from harm. Legal liability generally only arises if a person acts in a way that makes another worse off as a result — meaning that the safest legal course of action may often be to decline to do anything to address a known danger (rather than risk attempting to improve matters but only, in fact, making them worse).
As the law stood before the Tindall decision, the council landlord couldn’t even be held liable for any injuries suffered due to an ineffectual attempt by the council to make matters better (such as despatching salt-spreaders to the site but erroneously giving them the wrong location).
Key development in public body liability
However, in the case of Tindall, the Supreme Court revised this long-standing legal principle. Although there remains no general legal liability for failing to act to prevent harm, following the decision it’s now the case that an ineffectual response to a known danger is likely to establish a legal liability where the public authority knew (or ought to have known) that an inadequate response would make matters worse.
This is an important development in the potential liability of public bodies and similar institutions. On the very specific facts of the Tindall case, while a claim for compensation against a public body (the Police) failed, the decision may make it more likely that we’ll soon see successful claims being brought against public bodies for inadequate responses to known dangers.
Talk to us
Want to know how this decision may affect your organisation? Our expert litigators are on-hand to provide practical advice designed to minimise time consuming, costly and highly damaging legal disputes.
To find out more, talk to us by giving us a call on 0333 004 4488, sending us an email at hello@brabners.com or completing our contact form below.
Talk to us
Loading form...
Related insights
How retailers can protect their business from false or misleading claims — key legal & practical considerations
We outline the steps that retailers can take to contain an emerging online issue and the legal remedies available for responding to false statements.
Modernising mental health law — key changes under the 2025 Act that social housing providers need to know
We look at the core changes introduced by the Mental Health Act 2025 and outline what they’re likely to mean in practice for social housing providers.
International arbitration — the scope of supervisory jurisdiction & anti-suit injunctions following Star Hydro
We outline the Court of Appeal’s decision, consider how the Supreme Court is likely to approach the appeal and highlight five key takeaways.
How the CJC’s litigation funding reforms aim to restore certainty after PACCAR
We examine the CJC’s recommendations and their implications for funders, claimants and practitioners navigating this evolving area.
3 potential ways generative AI could lead to defamation claims
We explain where generative AI has the potential to damage individuals’ reputations and examine relevant case law from other jurisdictions.
Making Places Work — new study reveals the most improved places in the North of England
Our award-winning regeneration team has launched a new report that uncovers how life and work across the North of England has changed since the millennium.
Brabners secures favourable policy construction judgment for Acasta
Our award-winning litigation team has secured a High Court judgment in favour of Acasta European Insurance Company Limited.
London expansion & record revenues drive next phase of growth at Brabners
We’re delighted to announce the opening of a new office in London, marking a major milestone at the end of a year defined by strong financial performance.
PR under fire — what happens when clients sue?
We explore the types of claims that PR firms can face when an initial complaint escalates and outline some practical steps to manage the risks.
The Crime & Policing Bill — what registered providers of social housing need to be aware of
We examine the Crime and Policing Bill's proposals and outline what RPs need to know to prepare for the changes ahead.
Awaab’s Law — what social landlords must build into their development agreements
We explore how statutory duties introduced by Awaab's Law interact with development agreements and what social landlords need to consider going forward.
Mazur v Charles Russell Speechlys — 5 key takeaways for social housing providers (for now)
We explore the implications of Mazur, its unanswered questions and what to watch out for as the appeal progresses.
Navigating partnership conflict in law firms — 10 top tips to prevent disputes
We share ten top tips for preventing partnership disputes and guidance on recognising the warning signs and responding effectively if conflict does arise.
HyNot judicial review decision highlights the importance of acting promptly
We explore how the Court considered the requirement of promptness, the arguments made and what this means for claimants considering judicial review.
Southern Housing v Emmanuel — what landlords need to know about forced access
We explore the judgment and what it means for landlords when tenants refuse access for essential safety checks.
Lights, camera, litigation — The Lost King case
We explore the legal and reputational implications of dramatising ‘real life’ events for the screen.
English Devolution & Community Empowerment Bill — what it means for retail leases
We explore what the English Devolution and Community Empowerment Bill means in practice and how its reforms may affect both retail tenants and landlords.
Employment tribunal early conciliation period doubles to 12 weeks
Individuals who want to take an employment case to a tribunal must first take part in a longer conciliation process.
Restrictive covenant dispute — Brabners secures successful judgment for Docutech Office Solutions Ltd
Our litigation team achieved a successful outcome for Docutech Office Solutions Ltd in a major claim against a former employee and his new employer.
Awaab’s Law — new requirements for social landlords from October 2025
Social landlords will have greater requirements to address hazards under a phased approach starting in October 2025. Our housing law team shares how to prepare.
Decent Homes Standard set for reform for social & private rentals
A reformed Decent Homes Standard (DHS) could extend minimum housing standards that landlords must provide for tenants to the private rented sector.
How the courts treat online defamation — removal order dismissed against domain name registrar
Our litigation team look an online defamation case study and how to take legal action after being subject to online defamation or harassment.
How the Government’s 2025 Spending Review may kickstart a decade of social housing renewal
The UK’s housing sector in 2025 is undergoing major shifts, with Government reforms aiming to boost supply and affordability.
What is a seating licence? Potential pitfalls for landlords & tenants
While seating licences can provide a flexible and short-term solution, both landlords and tenants must be cautious of their common pitfalls.