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 …
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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 …
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Case Report: Foulds v Devon County Council [2015] 9/1/15 Lawtel

Public authority; duty of care; acts or omissions ‘Foulds is a useful reminder of the importance of analysing whether or not a case is, in essence, based on an omission, rather than a positive act, by a public authority.’HHJ Cotter QC followed the important line of legal authorities which significantly restrict the circumstances in which …
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Occupiers Liability: Voluntary risk

In the first of a two part article Christopher Jessel analyses the difficult issues which arise when pursuing injury claims which occurred on recreational land ‘The rules for occupiers’ liability can apply differently to open spaces used for recreation from the way they do to enclosed premises such as buildings, especially where access is not …
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