Negligence and the Liability of Public Authorities
This is a revised version ofthe third WA Wilson Memorial Lecture, delivered in the New Senate Hall ofthe University of Edinburgh on 8 May 1997. Traditionally the liability ofpublic authorities has been treated as a matter ofprivate law. The difficulty experienced by the courts in formulating viable principles governing liability for a negligent omission to exercise a power intended to be exercisedfor the protection of the public has led to an increased emphasis on the statutoryframework. This emphasis has resulted in a reluctance to uphold liability in cases where an authority is exercising discretionary power, culminating in the recent decision of the House of Lords in Stovin v Wise. This article examines Stovin v Wise in the light of earlier decisions, and suggests that the decision protects the public authority rather than the public in circumstances where there is much to be saidfor the view that, notwithstanding the public law distinction between a power and a duty, a public authority may be liable for an omission to take action to protect the public.