Does the CSA owe a duty of care to clients?
Whether a duty of care exists (which is a pre-requisite of an action for negligence) depends on all the circumstances. The courts decide whether a duty of care exists in given situations on a case by case basis, but presumably the one most relevant here is whether they owe a duty of care in relation to the ‘advice’ that they give. It is very possible that they do, although it is difficult to say for sure. The DSS have argued for years that they owe their ‘customers’ no duty of care in the advice they give.
