Child Abuse Tort Claims Against Public Bodies: A Comparative Law View
Duncan Fairgrieve, Sarah Green
Ashgate, 2004 - Law - 226 pages
Increasing international cooperation in tackling the worldwide problem of child abuse and neglect has helped to raise the profile of this important issue. Scholarly literature on the problem is growing, yet there is still a pressing need for a legal comparative commentary on the issue of child abuse claims in tort. Addressing this omission, this valuable work investigates how the factual circumstances as laid out in the landmark English cases of X v. Bedfordshire County Council and Barrett v. Enfield London Borough Council have been dealt with by the European Court of Human Rights and in a number of key jurisdictions including the US, Canada, Australia, South Africa, France, Germany and Italy. Examining the substantive tort law in these jurisdictions, the book highlights differences in procedure and compares alternative, non-judicial sources of compensation for claimants. It also offers suggestions for reform, providing a work that will greatly benefit all those working within this specific area of law or having an interest in the subject.
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Child Abuse Claims against Public Authorities under
A Practitioners Perspective
Child Abuse Tort Claims against Public Bodies in Italy
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alleged apply Article Attorney-General award breach of statutory British Columbia cause of action child abuse Child Welfare circumstances civil claimant common law duty compensation Conseil d'Etat constitutional rights Convention rights County Council Court of Appeal decision defendant discretion Driancourt ECHR ECtHR employees established exemplary damages exercise fact failed failure federal fiduciary foster parents harm health board held High Court House of Lords Human Rights Act Ibid injury investigation involved issue judgment judicial jurisdiction Justice legislation liability of public limitation litigation Lord Browne-Wilkinson Lord Hutton negligence non-delegable duty NZLR Osman Ouaras owed person placement plaintiff positive obligation principles public authorities public bodies recognised relationship relevant remedy residential schools responsibility risk sexual abuse social services social workers South Wales sovereign immunity statute statutory duty Strasbourg suffered Supreme Court tort law United Kingdom vicarious liability victim violation youth authorities Zealand Zealand Court