Hill v Chief Constable of West Yorkshire [1987] UKHL 12 – Law Journals

Duty of care: Not responsible?

Rajkiran Barhey reports that in some circumstances the door may be open to claims by children against local authorities if they fail to protect them from third parties ‘The claimants argued that, in purporting to investigate the risk that the neighbours posed and in attempting to monitor the claimants’ situation, the council assumed responsibility for …

Continue reading "Duty of care: Not responsible?"

This post is only available to members.

Human rights: Claims against the police post Robinson and DSD – part two

In the second part of a two-part analysis, John-Paul Swoboda outlines the decision in Commissioner of Police of the Metropolis v DSD and looks at the wider impact on claims against the police ‘The case for the claimants was that as the state has a duty under Art 3 to conduct an effective investigation into …

Continue reading "Human rights: Claims against the police post Robinson and DSD – part two"

This post is only available to members.

Duty of care: Claims against the police post Robinson and DSD – part one

In part one of a two-part analysis of claims against the police, John-Paul Swoboda examines the decision in Robinson and whether the police are exempt from negligence claims ‘Lord Reed and the other Supreme Court justices recognised that not too high a standard ought to be imposed on the police, but those observations did not …

Continue reading "Duty of care: Claims against the police post Robinson and DSD – part one"

This post is only available to members.

Duty of care: Finding fault

In the first of a two-part analysis, Robert Hams, Lord Edward Faulks QC and Paul Stagg summarise the background to the Court of Appeal decision in CN v Poole Borough Council and the line of relevant authorities on negligence ‘It was argued that a line of authorities demonstrated that it was well established that vulnerable …

Continue reading "Duty of care: Finding fault"

This post is only available to members.

Liability: Pure omissions and public authorities

Ruth Kennedy considers the basis upon which liability can be established ‘The general principle is that there is no liability for the wrongdoing of a third party, even where that wrongdoing is foreseeable.‘ This article focuses on liability for pure omissions in tort with a particular focus on public authorities. The general principle of the …

Continue reading "Liability: Pure omissions and public authorities"

This post is only available to members.

Local authority duties: Finding fault

In the first of a two-part analysis, Robert Hams, Lord Edward Faulks QC and Paul Stagg summarise the background to the Court of Appeal decision in CN v Poole Borough Council and the line of relevant authorities on negligence ‘A duty of care is not normally owed to protect a person from the actions of …

Continue reading "Local authority duties: Finding fault"

This post is only available to members.

Duty of care: It‘s a fair cop

Patrick West explores a recent Supreme Court case on police liability ‘Is there a general rule that police are not under any duty of care when discharging their function of investigating and preventing crime?‘ Everyone who has passed through law school will remember the case about the snail in the ginger beer. Poor old Mrs …

Continue reading "Duty of care: It‘s a fair cop"

This post is only available to members.

Compensation: Civil actions against the police – what every lawyer must know

Kevin Donoghue explains the basis on which claims against the police are made and provides guidance for lawyers dealing with these cases using a practical example of one of his cases ‘False imprisonment is defined in Clerk & Lindsell on Torts as the “complete deprivation of liberty for any time, however short, without lawful cause”. …

Continue reading "Compensation: Civil actions against the police – what every lawyer must know"

This post is only available to members.

Case Report: DSD, NBV v The Commissioner of Police for the Metropolis [2014] EWHC 436 (QB)

Assault; Human Rights Act 1998; police investigation ‘The question for the learned judge to decide was whether, in a case where the police themselves were not culpable for the actual violence perpetrated, the Human Rights Act 1998 imposed a duty for failing to investigate.’ The case involved claims for declarations and damages by two of …

Continue reading "Case Report: DSD, NBV v The Commissioner of Police for the Metropolis [2014] EWHC 436 (QB)"

This post is only available to members.