“…[1996] AC 923 but also, speaking plainly, because successive judges in the House of Lords and the Supreme Court have taken different approaches when seeking to identify the …”
“…As far as common law duties were concerned the judge considered a number of authorities. These included Stovin v Wise [1996] AC 923 (absence of a statutory duty on the highway authority would normally exclude the existence of a common law duty of care), Goodes v East Sussex County Council […”
“…he respondents had failed to protect the claimants from the harm caused by the SLP. That can be tested by reference to Lord Hoffman’s judgment in Stovin v Wise [1996] AC 923 at 945C-E when he said that:…”
“…the view of drivers of vehicles. He pointed to the constraints upon bringing a claim based on the negligent failure to exercise such a power: see Stovin v Wise [1996] AC 923 and Gorringe v Calderdale MBC [2004] 1 WLR 1057. He said that those cases left open the question of liability for the negligent exercise of a power, and by way…”