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Connor v Surrey County Council

[2010] EWCA Civ 286; (2010) 3 All ER 905; (2010) 3 WLR 1302


The law would, in an appropriate case, require a duty-ower to fulfil a pre-existing private law duty by the exercise of a public law discretion, but only if that could be done consistently with the duty-ower's full performance of his public law obligations. In the instant case, a local education authority's negligence in failing to establish, pursuant to the School Standards and Framework Act 1998 s.14 and s.16A, an interim executive board of school governors had caused one of its employees to suffer personal injury in the form of psychiatric damage.