Jain v Trent Strategic Health Authority [2009] UKHL 4 [2009] 1 AC 853

Facts

  • The claim arose after the Trent Strategic Health Authority ordered the closure of a nursing home following an investigation.
  • The closure led to significant financial and reputational losses for the claimants, the nursing home operators.
  • The claimants argued that the regulator owed them a duty of care when issuing the closure order, due to the harm suffered.
  • The regulator acted pursuant to its powers to protect public health and safety.

Issues

  1. Whether a regulatory body owes a duty of care in negligence to individuals affected by its exercise of statutory powers, specifically regarding closure orders.
  2. Whether the issuance of a closure order by a regulator can give rise to liability in negligence.
  3. Whether statutory immunity and public policy considerations shield a regulator from liability for consequences of actions taken in good faith.
  4. Whether proportionality and fair consideration are required in regulatory decisions that adversely affect private parties.

Decision

  • The House of Lords held that the primary duty of a regulator is to protect public interests, not individual operators.
  • The relationship between regulator and nursing home did not establish sufficient proximity under the Caparo test for a duty of care.
  • Imposing liability would conflict with the regulator’s statutory obligations and public policy considerations.
  • The Trent Strategic Health Authority was entitled to statutory immunity, as there was no evidence of bad faith or improper conduct in its decision to issue the closure order.
  • The court recognized the importance of proportionality, but emphasized the regulator must have discretion to act decisively for public safety.

Legal Principles

  • Regulatory bodies operate under statutory powers primarily for the benefit of the public.
  • The Caparo test requires foreseeability of harm, proximity, and that it is fair, just, and reasonable to impose a duty; here, the proximity and policy limbs were not satisfied.
  • Statutory immunity protects regulators from negligence claims, provided actions are in good faith and within powers.
  • Public policy favors protecting regulators from liability to ensure they can act without fear of litigation.
  • Proportionality is relevant but does not override the statutory focus on public safety.
  • Regulators must act fairly and reasonably, but statutory immunity limits individual recourse to claims of bad faith or ultra vires actions.

Conclusion

The House of Lords clarified that regulators are not liable in negligence to those affected by actions taken in good faith under statutory powers; duty of care is owed to the public at large, not to individual operators, and statutory immunity protects regulators unless bad faith is shown.

The answers, solutions, explanations, and written content provided on this page represent PastPaperHero's interpretation of academic material and potential responses to given questions. These are not guaranteed to be the only correct or definitive answers or explanations. Alternative valid responses, interpretations, or approaches may exist. If you believe any content is incorrect, outdated, or could be improved, please get in touch with us and we will review and make necessary amendments if we deem it appropriate. As per our terms and conditions, PastPaperHero shall not be held liable or responsible for any consequences arising. This includes, but is not limited to, incorrect answers in assignments, exams, or any form of testing administered by educational institutions or examination boards, as well as any misunderstandings or misapplications of concepts explained in our written content. Users are responsible for verifying that the methods, procedures, and explanations presented align with those taught in their respective educational settings and with current academic standards. While we strive to provide high-quality, accurate, and up-to-date content, PastPaperHero does not guarantee the completeness or accuracy of our written explanations, nor any specific outcomes in academic understanding or testing, whether formal or informal.
No resources available.

Job & Test Prep on a Budget

Compare PastPaperHero's subscription offering to the wider market

PastPaperHero
Monthly Plan
$10
Assessment Day
One-time Fee
$20-39
Job Test Prep
One-time Fee
$90-350

Note the above prices are approximate and based on prices listed on the respective websites as of May 2025. Prices may vary based on location, currency exchange rates, and other factors.

Get unlimited access to thousands of practice questions, flashcards, and detailed explanations. Save over 90% compared to one-time courses while maintaining the flexibility to learn at your own pace.

All-in-one Learning Platform

Everything you need to master your assessments and job tests in one place

  • Comprehensive Content

    Access thousands of fully explained questions and cases across multiple subjects

  • Visual Learning

    Understand complex concepts with intuitive diagrams and flowcharts

  • Focused Practice

    Prepare for assessments with targeted practice materials and expert guidance

  • Personalized Learning

    Track your progress and focus on areas where you need improvement

  • Affordable Access

    Get quality educational resources at a fraction of traditional costs

Tell Us What You Think

Help us improve our resources by sharing your experience

Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

Saptarshi Chatterjee

Saptarshi Chatterjee

Senior Associate at Trilegal