This Practice Note considers claims for Damages for Breach of statutory duty. For guidance on claims for damages for a negligent breach of Duty of care outside a statutory duty, see Practice Notes:
A claimant who suffers loss or injury in circumstances in which the defendant has been in breach of a statutory provision may sometimes be able to claim damages in tort, even if the situation does not fall within the scope of an existing tort such as negligence.
If the statute expressly provides for a claim in damages the position will normally be straightforward.
Whether a claim will be available if there is no such provision is said to depend upon the intention of Parliament, which is to be ascertained by construing the statute in question. Since this intention will not be explicit, the courts have adopted a series of tests or presumptions to