Breach of statutory duty – private law damages – Housing (Homeless Persons) Act 1977
The existence of an executive function , as opposed to a decision-making functions, could give rise to a private law action: an appropriate public law decision was a condition precedent to the establishment of the private law duty. Thus, once a decision has been reached by a housing authority which gives rise to the temporary, the limited or the full housing duty, rights and obligations are immediately created in the field of private law. Each of the duties referred to, once established, is capable of being enforced by injunction and the breach of it will give rise to a liability in damages.
See O’Rourke v Camden London Borough Council