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#duty #law #negligence #tort
The general approach of the courts appears to be that if an authority has acted within the powers granted to it by statute and on the basis of a discretionary decision properly made, there will be no liability. Whether the authority has exercised its discretion properly can only be answered once the facts of the case have been fully considered in court. For a recent example of where no duty was imposed on a local authority, held to be acting in accordance with its statutory duties, see X v Hounslow LBC [2009] EWCA Civ 286.
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