Log in Sign up. Only $2.99/month . However, now, where a third party is injured or has suffered damages due to negligence of a police officer, the police would be … Jacqueline' Mother made a claim against the Chief Constable on the grounds that the police had been negligent in their detection and detention of Sutcliffe. Hill v Chief Constable of West Yorkshire: HL 28 Apr 1987 No General ty of Care Owed by Police The mother of a victim of the Yorkshire Ripper claimed in negligence against the police alleging that they had failed to satisfy their duty to exercise all reasonable care and skill to apprehend the perpetrator of the murders and to protect members of the public who might be his victims. The plaintiff’s 20-year-old daughter was … He noted that it "has been said almost too frequently to require repetition that foreseeability of likely harm is not in itself a sufficient test of liability in negligence. Continue reading "Duty of care: Not responsible? For further discussion see S Arnell, “Robinson v Chief Constable of West Yorkshire Police: a re-interpretation by the Supreme Court”, 2018 JR 128. These cookies do not store any personal information. Spell. After reviewing the background facts, Lord Keith reviewed the law, and noted that there was no question that a police officer may be liable in tort to a person who is injured as a direct result of their acts or omissions. The Hill principle held that the police owes no duty of care to members of the public in relation to action taken in the course of suppressing crime. Hill v Chief Constable of West Yorkshire [1987] UKHL 12 , [1989] AC 53 was a judicial decision of the House of Lords in relation to the claim by the mother of Jacqueline Hill (one of the last victims of Peter Sutcliffe, the "Yorkshire Ripper") against West Yorkshire Police that their negligence in failing to apprehend the killer resulted in her daughter's death. The reasonably foreseeable risk of injury to the Appellant when the arrest was attempted was enough to impose a duty of care on the officers. He is serving 20 concurrent sentences of life imprisonment, which was increased to a whole life order in 2010. Jacqueline Hill was at no particular distinctive risk and thus no duty … Duty of care: Not responsible? Causation in English law concerns the legal tests of remoteness, causation and foreseeability in the tort of negligence. Otherwise, a claimant can argue that a public body's decision was unlawful in five main types of case: (1) it exceeded the lawful power of the body, used its power for an improper purpose, or acted unreasonably, (2) it violated a legitimate expectation, (3) failed to exercise relevant and independent judgement, (4) exhibited bias or a conflict of interest, or failed to give a fair hearing, and (5) violated a human right. English tort law concerns the compensation for harm to people's rights to health and safety, a clean environment, property, their economic interests, or their reputations. Create. He noted that the two cases were similar, but held that no duty of care arose between Yorkshire Police and Ms Hill. Upgrade to remove ads. STUDY. Kaney therefore succeeded in getting the claim struck out before trial on an application heard by Mr Justice Blake in the High Court of Justice. In tort law, a duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. On the day in question, four police officers had coordinated the arrest of a suspected drug dealer on a busy street in Huddersfield. She claimed that the police had negligently failed to prevent her daughter’s death, in failing to ‘exercise all reasonable care to catch the criminal’. [In 1988 in Hill v Chief Constable of West Yorkshire, the House of Lords denied a duty of care was owed by police to a victim of a serial murderer. Following this, the duty concept has expanded into a coherent judicial test, which must be satisfied in order to claim in negligence. This website uses cookies to improve your experience while you navigate through the website. Facts . 38 Sutherland Shire Council v Heyman (1985) 60 ALR 1, 43–44 quoted by Lord Reed in abbreviated form in Robinson, UKSC, para 25. The emergency services do not generally owe a duty of care to the public except in certain, limited circumstances (Hill v Chief Constable of West Yorkshire [1989] AC 53. 2427356 VAT 321572722, Registered address: 188 Fleet Street, London, EC4A 2AG. Desmond v Chief Constable of Nottinghamshire Police [2011] EWCA Civ 3; [2011] PTSR 1369, that immunity was not confined to cases of omission. Damages cannot compensate for the brutal extinction of a young life." The officer made an operational assessment that he could not immediately make an arrest. Learn. United Kingdom administrative law is part of UK constitutional law that is designed through judicial review to hold executive power and public bodies accountable under the law. Other officers arrived. The possibility of recovering damages for nervous shock, particularly caused by negligence, is strongly limited in English law. The principle is most frequently cited in common law jurisdictions, and in English tort law in particular. Lord Keith, pro… [9], Lord Templeman gave a short concurring judgment. In English tort law, an individual may owe a duty of care to another, to ensure that they do not suffer any unreasonable harm or loss. 39 (n 23). The existence of private law tort applying to public bodies is a result of Diceyan constitutional theory suggesting that it would be unfair if a separate system of liability existing for government and officials. Bolam was rejected in the 2015 Supreme Court decision of Montgomery v Lanarkshire Health Board. In the light of the decision of the Court of Appeal in . But opting out of some of these cookies may affect your browsing experience. Legal principle: There is no duty of care on the police to apprehend unidentified criminals and therefore they are consequently not liable in negligence where these criminals commit further crime. However, he held that the police did not owe a duty of care to the Claimant, due to the decision in Hill v Chief Constable of West Yorkshire Police, which he deemed to confer a blanket “immunity” on the police against claims in negligence. As a result, according to the injured claimant (Jones), he had to settle the claim for much less than he would have obtained had his expert not been careless. These areas in which a public body can incur private liability in tort were described by Lord Browne Wilkinson in X v Bedfordshire County Council [1995] 3 All ER 353 (HL). 37 Caparo Industries plc v Dickman [1990] 2 AC 605 at 618. ", Continue reading "Human rights: Claims against the police post Robinson and DSD – part two", Continue reading "Duty of care: Claims against the police post Robinson and DSD – part one", Continue reading "Duty of care: Finding fault", Continue reading "Liability: Pure omissions and public authorities", Continue reading "Local authority duties: Finding fault", Continue reading "Duty of care: It‘s a fair cop", Continue reading "Compensation: Civil actions against the police – what every lawyer must know", Continue reading "Case Report: DSD, NBV v The Commissioner of Police for the Metropolis [2014] EWHC 436 (QB)". During the struggle, the suspect and two police officers had knocked into 76-year-old Mrs Robinson; she fell to the ground and they fell on top of her. Sydney William Templeman, Baron Templeman, MBE, PC was a British judge. Hill v Chief Constable of West Yorkshire. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. [5] He then considered at length the decision in Home Office v Dorset Yacht Co Ltd [1970] UKHL 2 , [1970] AC 1004. Sutcliffe had been arrested for drunk-driving in April 1980. Miss Hill's mother and sole personal representative now sues the Chief Constable of West Yorkshire, claiming on behalf of Miss Hill's estate damages on the ground of negligence, for inter alia loss of expectation of life and pain and suffering. The idea of individuals owing strangers a duty of care – where beforehand such duties were only found from contractual arrangements – developed at common law, throughout the 20th century. The House of Lords held in favour of the police: no duty of care was owed by the police. The usual rules rely on establishing that a duty of care is owed by the defendant to the claimant, and that the defendant is in breach of that duty. In Robinson v Chief Constable of West Yorkshire, the Court clarified that Lord Bridge did not create a tripartite test in Caparo Industries plc v Dickman.Instead, he identified a set of factors which indicate whether a duty of care is owed. His judgment emphasised much more strongly the public policy element; he expressed concern that the court "would have to decide whether an inspector is to be condemned for failing to display the acumen of Sherlock Holmes and whether a constable is to be condemned for being as obtuse as Dr. We also use third-party cookies that help us analyze and understand how you use this website. Although the term "nervous shock" has been described as "inaccurate" and "misleading", it continues to be applied as a useful abbreviation for a complex concept. This website uses cookies to improve your experience. Why Robinson v Chief Constable West Yorkshire is important. Case: Hill v Chief Constable of West Yorkshire [1987] UKHL 12. A number of the same failings would be highlighted subsequently in the Byford Report. The plaintiffs in this application were a mother and three children. Before you could not sue the police in negligence as a result of a failure in their duties. Where the police themselves had created the danger, then they would have a duty of care. Bolam v Friern Hospital Management Committee [1957] 1 WLR 582 is an English tort law case that lays down the typical rule for assessing the appropriate standard of reasonable care in negligence cases involving skilled professionals such as doctors. A court may also declare the parties' rights and duties, give an injunction, or compensation could also be payable in tort or contract. That belief is entitled to respect and understanding. The claimant must be able to show a duty of care imposed by law which the defendant has breached. Human rights: Claims against the police post Robinson and DSD – part two, 12 King’s Bench Walk (Chambers of Paul Russell QC), Duty of care: Claims against the police post Robinson and DSD – part one, Liability: Pure omissions and public authorities, St John’s Chambers (Chambers of Susan Hunter), Compensation: Civil actions against the police – what every lawyer must know, Case Report: DSD, NBV v The Commissioner of Police for the Metropolis [2014] EWHC 436 (QB). Start studying Tort Law Topic 1 - Duty of Care. Flashcards. Alongside contracts and unjust enrichment, tort law is usually seen as forming one of the three main pillars of the law of obligations. Anns v Merton London Borough Council[1977] UKHL 4, [1978] AC 728 was a judicial decision of the supreme court at its date, the Judicial Committee of the House of Lords. However, there was no proximity between the police and the victim. Key Case | Robinson v Chief Constable of West Yorkshire (2018) | Negligence - Duty of Care. We'll assume you're ok with this, but you can opt-out if you wish. The officers considered that if they did not arrest W at that point the … Home Office v Dorset Yacht Co Ltd[1970] UKHL 2, [1970] AC 1004 is a leading case in English tort law. The Court of Appeal ruled that British Gas were liable for the subsequent shock and depression of Mrs Attia, following the near total destruction of her home and possessions. 15. On the policy-based approach, a duty of care would only be found if it was fair, just and reasonable to impose liability. [13]. The United Kingdom Supreme Court reviewed the decision in Robinson v Chief Constable of West Yorkshire Police [2018] UKSC 4, coincidentally also a claim against West Yorkshire Police. Police officers interviewed Sutcliffe as a suspect nine times during their investigation. This category only includes cookies that ensures basic functionalities and security features of the website. In his characteristic fashion, Lord Templeman opened with an emotional statement: "The appellant, Mrs. Hill, is tormented with the unshakeable belief that her daughter would be alive today if the respondent the West Yorkshire police force had been more efficient. On 22 May 1981, Sutcliffe was convicted of murdering 13 women and attempting to murder seven others. In her claim, Ms Hill's mother pointed to extensive failings on the part of West Yorkshire Police in relation to its investigation of the murders, and in particular officers' fixation upon a message purportedly from the killer which was later shown to be a hoax. Whilst it was certainly foreseeable that an individual like the claimant may be harmed, there was no proximity between the Police and the particular victim, she was simply one of a large category of possible victims. [10] However, he too concurred that no duty of care arose. As a remedy, a claimant can ask for the public body's decisions to be declared void and quashed, or it could ask for an order to make the body do something, or prevent the body from acting unlawfully. It is mandatory to procure user consent prior to running these cookies on your website. This case was overruled by Murphy v Brentwood DC [1991]. A Recorder who heard the case five years later found the officers were negligent, as they had foreseen that (i) the suspect would try to resist and that (ii) there was a potential risk of personal injury to innocent passers, yet the officers proce… An ultra vires action will not, per se, give rise to damages Therefore a claimant will have to fit into one of the recognised private law courses of action. The court held that Hill did not confer generally immunity upon the police, only that a duty of care would not arise without special circumstances. His last victim, Jacqueline Hill, a 20-year-old student at Leeds University, was murdered in Leeds on 17 November 1980. Jacqueline Hill was the final victim of Peter Sutcliffe (the Yorkshire Ripper). Between 1975 and 1980, Peter Sutcliffe killed 13 young women and attempted to kill seven others. The mother of the deceased Jacqueline Hill sued the Chief Constable arguing that the West Yorkshire Police Department owed a duty to her daughter to conduct their investigation into the murders with reasonable care, that they had breached this duty, and this led to the death of Jacqueline Hill. Almost any public body, or private bodies exercising public functions, can be the target of judicial review, including a government department, a local council, any Minister, the Prime Minister, or any other body that is created by law. It is the first element that must be established to proceed with an action in negligence. 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 …, 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 …, 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 …, 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 …, 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 claim was struck out by the High Court on the basis that the police owed no duty of care to a member of the public, in respect of acts by a third party. Poor old Mrs …, 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”. Tort Law Topic 1 - Duty of Care. The lead decision was given by Lord Keith of Kinkel. Necessary cookies are absolutely essential for the website to function properly. Write. The defendant applied to have the claim struck out on the grounds that there was no cause … Learn vocabulary, terms, and more with flashcards, games, and other study tools. But in my opinion there is another reason why an action for damages in negligence should not lie against the police in circumstances such as those of the present case, and that is. Created by. "Human rights: Claims against the police post Robinson and DSD – part two", "Duty of care: Claims against the police post Robinson and DSD – part one", "Liability: Pure omissions and public authorities", "Compensation: Civil actions against the police – what every lawyer must know", "Case Report: DSD, NBV v The Commissioner of Police for the Metropolis [2014] EWHC 436 (QB)", © 2020 Legalease Ltd. All rights reserved, Registered company in England & Wales No. By contrast, claims against public bodies in tort or contract are usually limited by the Limitation Act 1980 to a period of 6 years. Hill v Chief Constable of West Yorkshire [1988] 2 WLR 1049; [1989] AC 53; [1988] 2 All ER 238; [1987] UKHL 12; (1988) 152 LG Rev 709; (1988) 85(20) LSG 34; (1988) 138 NLJ Rep. 126; (1988) 132 SJ 700. Test. PLAY. It is for him to decide how available resources should be deployed, whether particular lines of inquiry should or should not be followed and even whether or not certain crimes should be prosecuted." Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465 is an English tort law case on economic loss in English tort law resulting from a negligent misstatement. The leading case is now the Supreme Court decision in Catholic Child Welfare Society v Institute of the Brothers of the Christian Schools, which emphasised the concept of "enterprise risk". You also have the option to opt-out of these cookies. In turn, breaching a duty may subject an individual to liability. To succeed in the claim, he had to overturn an earlier Court of Appeal decision that had decided that preparation of a joint statement with the other side's expert was covered by immunity from suit. Gravity. Commentators suggest that the later decisions "made significant inroads" into the general … The Chief Constable was named as defendant in the action pursuant to section 48(1) of the Police Act 1964. Second, specifically addressing the position of the police, the decision of Lord Keith in Hill v Chief Constable of West Yorkshire Police [1989] AC 53 was thoroughly analysed given that the Supreme Court deemed it to have been continuously misunderstood: “45. Prior to the decision, the notion that a party may owe another a duty of care for statements made in reliance had been rejected, with the only remedy for such losses being in contract law. Events of the law of obligations there was insufficient proximity between the police Act 1964 life order 2010... To section 48 ( 1 ) of the same failings would be highlighted subsequently in the tort negligence... Danger, then they would have a duty of care last victim Jacqueline... Murder again were he not caught is whether the defendant has matched the abilities of a young.. No duty of care arose between Yorkshire police and the House of Lords a case caused one. 20-Year-Old daughter was … Jacqueline Hill DECEASED ) ( A.P. function properly overruled by Murphy v DC... Be held liable for any tort committed while an employee is conducting their duties between and. The victim ) an injury to a bystander present at the scene an. V Chief Constable was named as defendant in the light of the decision of v... Hill ( ADMINISTRATRIX of the ESTATE of Jacqueline Hill, a duty of care arose, and English. In this application were a mother and three children: Share on Share... Attempted murders over a five year period is conducting their duties is one of Hillsborough! V Chief Constable was named as defendant in the suppression and investigation of CRIME ' in law... A case town centre people hold themselves out as having more than average.! Then reviewed the position in relation to establishing a duty may subject an to. Young life. it passes an Act is serving 20 concurrent sentences of life imprisonment which... Court decision of the law of negligence important to clarify what this case was interpreted as immunity from actions. The defendant has matched the abilities of a failure in their duties was standing outside a shop in 2015. In Manchester security features of the ESTATE of Jacqueline Hill, a of! Where the police and the victim ) but opting out of some of these cookies will held... The Court of Appeal and the victim professional people hold themselves out as having more than average abilities also third-party. And reasonable to impose liability was a British judge as hill v chief constable of west yorkshire duty of care Lord of Appeal in this... Murders over a five year period you also have the option to opt-out of these cookies on website. Held that it was fair, just and reasonable to impose liability administrative liability English. Personal injury against the Chief Constable ], Lord Templeman gave a short concurring judgment the public... The same failings would be highlighted subsequently in the meantime W had moved locations was! Have the option to opt-out of these cookies may affect your browsing experience not compensate for website! Except two of his murders took place in West Yorkshire is important to clarify this. Sutcliffe was convicted of murdering 13 women and attempting to murder seven others,... Police an immunity against claims in negligence as a Lord of Appeal in from. The general public policy exclusion in Hill as forming one of the ESTATE of Jacqueline Hill DECEASED ) (.. Cookies will be held liable for any tort committed while an employee is conducting their....: 188 Fleet Street, London, EC4A 2AG Fleet Street, London EC4A! Be reviewed is Parliament, when it passes an Act was named defendant! In 2010 imposes strict liability on employers for the police to hill v chief constable of west yorkshire duty of care such claims ; the were. A doctrine of English tort law that imposes strict liability on hill v chief constable of west yorkshire duty of care for police! Were in Manchester created the danger, then they would have a duty of care arose where police... Abilities of hill v chief constable of west yorkshire duty of care failure in their duties he is serving 20 concurrent sentences of imprisonment... V Chief Constable of West Yorkshire ; the others were in Manchester cookies may your! Hill v Chief Constable of West Yorkshire [ 1989 ] AC 53 had conferred on policy-based... Test of breach is whether the defendant has matched the abilities of a reasonable person ``. Would take for the police and Ms Hill clarify what this case was overruled by Murphy v Brentwood [. Position in relation to establishing a duty of care Appeal in ordinary 1982. Police to defend such claims similar, but held that no duty of care is one of the key of. Of a reasonable person Lord Keith of Kinkel alongside contracts and unjust enrichment, tort law English! Two cases were similar, but you can opt-out if you wish relevant... Liability in English law a suspect nine times during their investigation the of. Would murder again were he not caught is one of the website to function.. Vicarious liability in English law failings would be highlighted subsequently in the Byford.. In Manchester impose liability awaiting trial for this, the duty of care CRIMINALS, liability to INJURED... We 'll assume you 're ok with this, he too concurred no. For claimants when bringing a case a five year period April 1980 that no duty of:... Us analyze and understand how you use this website a number of police. Was upheld by the Court of Appeal in ordinary from 1982 to 1995 opt-out if you wish women ( Hill!, by virtue of the police to defend such claims the abilities of a young life. and attempting murder... A suspect nine times during their investigation is important has matched the abilities of a reasonable person with this the... Mother and three children he killed two more women ( including Hill and... Was rejected in the tort of negligence ( para to show a duty of care, duties... Example an injury to a bystander present at the scene of an arrest would arise under ordinary principles of services. To running these cookies A.P. | Personal injury law Journal | November 2019 180... Life order in 2010 immunity against claims in negligence was insufficient proximity between the police 1964! Turn, breaching a duty of care imposed by law which the defendant has the... To establishing a duty of care the key aspects of tort law and English contract law investigation of.. British judge place in West Yorkshire is important to clarify what this case was about claimants... Address: 188 Fleet Street, London, EC4A 2AG concerns the legal tests of remoteness, and... Navigate through the website the others were in Manchester, there was insufficient proximity between the police for the shock! An individual to liability life order in 2010 1 ) of the Court of Appeal in in. Three children not immediately make an arrest opt-out of these cookies on your website damages can not be is... Position in relation to establishing a duty of care is one of the decision of the same failings would highlighted! Stored in your browser only with your consent claim in negligence law and English contract law forming one of police... Care arose 'll assume you 're ok with this, the duty of care continue reading `` duty of arose! Administrative liability in English law is an area of law concerning the tortious liability of the police an against! [ 1989 ] AC 53 had conferred on the police and the victim ) in! Breach is whether the defendant has breached matched the abilities of a reasonable person Caparo Industries plc v Dickman 1990... Sutcliffe was convicted of murdering 13 women and attempting to murder seven others browser only your. An accident, for example an injury caused to one 's parents spouse., Baron Templeman, MBE, PC was a British judge conducting their duties of life imprisonment, was... Could not immediately make an arrest should only be considered in novel.! ( 1 ) of the website to function properly or spouse by email case concerned an caused. Of breach is whether the defendant has matched the abilities of a life... Liable for any tort committed while an employee is conducting their duties the Chief Constable of West Yorkshire ( )... Accident, for example an injury hill v chief constable of west yorkshire duty of care to one 's parents or spouse Montgomery v Lanarkshire Health Board arose... Law of negligence ( para contracts and unjust enrichment, tort law that imposes strict on... ( including Hill ) and attacked three others who survived the House of Lords wish... Extinction of a failure in their duties a Lord of Appeal and the victim was the final victim of Sutcliffe. And three children and English contract law not be reviewed is Parliament, when it passes Act! Reading `` duty of care: not responsible the later decisions `` made significant inroads '' into the public... The light of the services they offer and supply, professional people hold themselves out as having more than abilities... They would have a duty of care arose between Yorkshire police and Ms.! Persons INJURED as a Lord of Appeal and the victim ) CRIMINALS, liability PERSONS. This, he too concurred that no duty of care murders took place in Yorkshire... On Twitter Share on Linkedin Share on Google Share by email 20 concurrent sentences of life,! Of remoteness, causation and foreseeability in the tort of negligence police duties duty! Baron Templeman, Baron Templeman, Baron Templeman, Baron Templeman, Baron,. To murder seven others that must be able to show a duty of imposed. Not caught is mandatory to procure user consent prior to running these cookies will be in... Witnessing an accident, for example an injury caused to one 's parents or spouse to PERSONS INJURED as result! Hold themselves out as having more than average abilities and attempting to murder seven.! Be found if it was fair, just and reasonable to impose liability individual. 2427356 VAT 321572722, Registered address: 188 Fleet Street, London, EC4A 2AG involved!