Facts: Nottingham Health Authority (Trent’s predecessor’s) applied ex parte without notice to the magistrates’ court for an order under section 30 of the Registered Homes Act 1984, immediately cancelling the registration of Mr and Mrs Jain’s care home. That resulted in the immediate closure of their care home business. Mr and Mrs Jain’s only remedy was to appeal to the magistrates, which was a relatively lengthy process. By the time the appeal was heard, it was apparent that Nottingham’s application under section 30 had been entirely misconceived and wholly unjustified. By that time, however, Mr and Mrs Jain had been financially ruined. They sued in negligence.

Judgment: the House of Lords (Lords Scott, Rodger, Baroness Hale, Lords Carswell and Neuberger) held that Nottingham had not owed Mr and Mrs Jain a common law duty of care because it had been acting under statutory powers conferred for the benefit of a separate class of persons and had obtained court authority for its actions. Lord Scott, Baroness Hale and Lords Carswell and Neuberger opined that had the relevant events occurred after the 2 October 2002, Mr and Mrs Jain might have had a remedy under the Human Rights Act 1998.

Comment: Mr and Mrs Jain brought proceedings in the European Court of Human rights and achieved a friendly settlement (£733,500 plus legal costs).1Jain v United Kingdom (2010) Application no 39598/09.