(Court of Appeal, Davis, King and Irwin LJJ, 21 December 2017)
Public law children – Local authority liability – Vulnerable family – Abusive neighbours – Whether the local authority owed a duty of care to protect the children
The local authority appeal was allowed and the original order striking out the claim that the local authority owed a tortious duty of care to children to protect them from harassment and abuse by third parties was restored.
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Neutral Citation Number: [2017] EWCA Civ 2185
Case No: B3/2016/1465
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Mrs Justice Slade DBE
QB/2015/0490
Royal Courts of Justice
Strand, London, WC2A 2LL
Date: 21/12/2017
Before :
LORD JUSTICE DAVIS
LADY JUSTICE KING DBE
and
LORD JUSTICE IRWIN
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Between :
(1) CN
(2) GN
(through their Litigation Friend The Official Solicitor)
Claimants/Respondents
- and -
POOLE BOROUGH COUNCIL
Defendant/Appellant
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E.A. Gumbel QC and Iain O'Donnell (instructed by Leigh Day Solicitors) for the
Claimants/Respondents
Lord Faulks QC and Paul Stagg (instructed by Wansbroughs Solicitors) for the
Defendant/Appellant
Hearing date: 8 June 2017
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Judgment Approved
Judgment: CN and Another v Poole Borough Council [2017] EWCA Civ 2185.rtf