May 23rd, 2024 by James Goudie KC

GREAT LAKES REINSURANCE v RAV ( 2024 ) UKPC 11 revisits when there is a duty of care in the tort of negligence with respect to an omission to confer a benefit. Restrictive principles going beyond foreseeability and proximity must be applied : para 20. One of the recognized exceptional principles must be established : para 21. Liability may be based on a relevant ASSUMPTION OF RESPONSIBILITY, referring to N v POOLE BOROUGH COUNCIL ( 2020 ) AC 780, and to HXA v SURREY COUNTY COUNCIL, YXA v WOLVERHAMPTON CITY COUNCIL ( 2024 ) 1 WLR 335, where claims for failing to protect children from abuse were struck out for lack of any assumption of responsibility.

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