Facts: Mrs J required residential accommodation under section 21 of the National Assistance Act 1948, as a result of the Trust’s negligence. The damages paid to Mrs J by the Trust were held in a personal injury trust and Islington was not permitted to take them into account when assessing Mrs J’s ability to contribute towards the cost of residential accommodation. Islington sued the Trust for a contribution.

Judgment: the Court of Appeal (Buxton and Clarke LJJ, Ouseley J) held that the Trust had not owed Islington a duty of care. There were strong public policy reasons why not, including the wider implications for other public bodies and the extended duties they may owe, if the Trust owed a duty in this case, and the fact that, in similar situations, Parliament had legislated to impose a duty of care where considered appropriate.