December 20th, 2023 by James Goudie KC

In HXA v SURREY COUNTY COUNCIL and YXA v WOLVERHAMPTON CITY COUNCIL (2023) UKSC 52 the Supreme Court allows the local authorities’ appeals and holds that the claims should be struck out. These claims were for failing allegedly negligently to protect children from abuse. The Supreme Court holds that the necessary starting point for a negligence claim is a common law duty of care, and there is none such, That is because there had been no assumption of responsibility.

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