In this case, the Supreme Court held that:
firstly, a public body cannot be liable in negligence for exercising a statutory duty, where the legislation does not create a duty of care towards the claimant;
secondly, it cannot be liable in negligence based upon the policy it pursued in applying legislation, unless the claimant has brought successful judicial review proceedings impugning that policy; and,
thirdly, the High Court should not award damages to a company for a wrong perpetrated against a related company because both companies have shared directors.
Background
Cromane Seafoods Ltd and O’Sullivan McCarthy Mussel Developments Ltd are companies with a common shareholding. ….read more