The case also addressed the liability of government bodies, a person's liability for the acts of third parties that he has facilitated, and liability for omissions. 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. This category only includes cookies that ensures basic functionalities and security features of the website. 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. These cookies will be stored in your browser only with your consent. The duty of care is one of the key aspects of tort law and provides a foundation for claimants when bringing a case. Bolam was rejected in the 2015 Supreme Court decision of Montgomery v Lanarkshire Health Board. He called for support. Tort Law Topic 1 - Duty of Care. On the day in question, four police officers had coordinated the arrest of a suspected drug dealer on a busy street in Huddersfield. All except two of his murders took place in West Yorkshire; the others were in Manchester. 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. It is also relevant for English criminal law and English contract law. However, there was no proximity between the police and the victim. Necessary cookies are absolutely essential for the website to function properly. The imposition of a duty of care on the police for operational activity. (APPELLANT) v. CHIEF CONSTABLE OF WEST YORKSHIRE (RESPONDENT) Lord Keith of Kinkel Lord Brandon of Oakbrook Lord Templeman Lord Oliver of Aylmerton Lord Goff of Chieveley LORD KEITH OF KINKEL My Lords, In 1975 a man named Peter Sutcliffe embarked upon a terrifying career … Jacqueline Hill was at no particular distinctive risk and thus no duty … 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. Duty of care: Not responsible? The English courts all agreed that the police owed no duty of care to the applicants, confirming the law in Hill v Chief Constable of West Yorkshire Police where it was ruled that the police owed no duty of care to one of the victims of the Yorkshire Ripper. 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. Jones v Kaney [2011] UKSC 13 is a 2011 decision of the Supreme Court of the United Kingdom on whether expert witnesses retained by a party in litigation can be sued for professional negligence in England and Wales, or whether they have the benefit of immunity from suit. The case centred upon the liability of the police for the nervous shock suffered in consequence of the events of the Hillsborough disaster. 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. 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. Spell. This was upheld by the Court of Appeal and the House of Lords. We also use third-party cookies that help us analyze and understand how you use this website. As a result, it significantly changed the law concerning the police. Lord Keith, pro… "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. Police officers interviewed Sutcliffe as a suspect nine times during their investigation. [1]. You also have the option to opt-out of these cookies. Home / Edinburgh Law Review / List of Issues / Volume 23, Issue 1 / Negligence and the Duty of Care; the Demise of the Caparo Test; and Police Immunity Revisited: Robinson v Chief Constable of West Yorkshire On the policy-based approach, a duty of care would only be found if it was fair, just and reasonable to impose liability. A court may also declare the parties' rights and duties, give an injunction, or compensation could also be payable in tort or contract. [13]. It is a House of Lords decision on negligence and marked the start of a rapid expansion in the scope of negligence in the United Kingdom by widening the circumstances in which a court was likely to find a duty of care. It established a broad test for determining the existence of a duty of care in the tort of negligence called the Anns test or sometimes the two-stage test for true third-party negligence. The defendant applied to have the claim struck out on the grounds that there was no cause … Tashb9. 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. The officer made an operational assessment that he could not immediately make an arrest. It is the first element that must be established to proceed with an action in negligence. The standard test of breach is whether the defendant has matched the abilities of a reasonable person. 2427356 VAT 321572722, Registered address: 188 Fleet Street, London, EC4A 2AG. The Judge at first instance found that that the officers had acted negligently as one had not noticed the Claimant’s close proximity to the suspect. The lead decision was given by Lord Keith of Kinkel. Alongside contracts and unjust enrichment, tort law is usually seen as forming one of the three main pillars of the law of obligations. 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. 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." As is well known, Hillconcerned an action against the police brought by the mother of the last victim of Peter Sutcliffe, the “Yorkshire Ripper”. 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. Sutcliffe had been arrested for drunk-driving in April 1980. 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. Test. The plaintiff’s 20-year-old daughter was … Lecture notes, Law of Tort 6 - Law Express Notes secret and half secret trusts Rylands v Fletcher Tort_Pukipies_Coursework Exam 1 June year, questions and answers Duty of Care - Lecture notes 1 Damages cannot compensate for the brutal extinction of a young life." This website uses cookies to improve your experience while you navigate through the website. They were the victims of multiple acts of family violence by the children’s father over the course of a decade.6 The plaintiffs allege that Victoria Police officers owed the family a duty of care and that police subsequently breached that duty, causing … 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. 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. 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 case concerned an injury to a bystander present at the scene of an arrest. Learn vocabulary, terms, and more with flashcards, games, and other study tools. [10] However, he too concurred that no duty of care arose. there was insufficient proximity between the police and the victim). In the light of the decision of the Court of Appeal in . Historically, it was held that most intentional wrongdoings were not in the course of ordinary employment, but recent case law suggests that where an action is closely connected with an employee's duties, an employer can be found vicariously liable. But, by virtue of the services they offer and supply, professional people hold themselves out as having more than average abilities. 15. Levels: A Level, BTEC Level 3; Exam boards: AQA, Edexcel, OCR, IB, Eduqas, WJEC; Print page. 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". 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). 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’. 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. 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. The case of Robinson v Chief Constable of West Yorkshire [2018] UKSC 4 narrowed down the Caparo test of establishing Duty of Care. The House of Lords held in favour of the police: no duty of care was owed by the police. Write. The House of Lords unanimously struck out the claim as disclosing no justiciable cause of action, upholding the decision of the judge at first instance and of the Court of Appeal. Gravity. In English law, a nervous shock is a psychiatric / mental illness or injury inflicted upon a person by intentional or negligent actions or omissions of another. 2. 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. In the English law of tort, professional negligence is a subset of the general rules on negligence to cover the situation in which the defendant has represented him or herself as having more than average skills and abilities. Although Birdsall's letter was sent after Hill's death, it was ignored for months, which was seen as symptomatic of the systemic failings of the investigation. Create. In the meantime W had moved locations and was standing outside a shop in the town centre. 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. 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. Peter William Sutcliffe, also known as Peter William Coonan, is a prolific English serial killer who was dubbed the ’Yorkshire Ripper’ by the press. [11], 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. 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. 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. Therefore a public body which acts ultra vires is liable in tort is a cause of action can be established just like any individual would be. The officers considered that if they did not arrest W at that point the … 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. A "tort" is a wrong in civil, rather than criminal law, that usually requires a payment of money to make up for damage that is caused. HILL (ADMINISTRATRIX OF THE ESTATE OF JACQUELINE HILL DECEASED) (A.P.) 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. The case involved a psychologist (Kaney) instructed as an expert witness in a personal injury claim, who was said to have negligently signed a statement of matters agreed with the expert instructed by the opposing side, in which she made a number of concessions that weakened the claim considerably. NEGLIGENCE, DUTY OF CARE, POLICE DUTIES, DUTY TO APPREHEND CRIMINALS, LIABILITY TO PERSONS INJURED AS A RESULT OF CRIME. 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. 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. Crown Office Chambers | Personal Injury Law Journal | November 2019 #180. 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. Other officers arrived. The House of Lords overruled the previous position, in recognising liability for pure economic loss not arising from a contractual relationship, introducing the idea of "assumption of responsibility". For further discussion see S Arnell, “Robinson v Chief Constable of West Yorkshire Police: a re-interpretation by the Supreme Court”, 2018 JR 128. By contrast, claims against public bodies in tort or contract are usually limited by the Limitation Act 1980 to a period of 6 years. 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). 33). The general principle of the …, 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 …, 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. One officer saw W drug dealing. 38 Sutherland Shire Council v Heyman (1985) 60 ALR 1, 43–44 quoted by Lord Reed in abbreviated form in Robinson, UKSC, para 25. 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. Causation in English law concerns the legal tests of remoteness, causation and foreseeability in the tort of negligence. 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. This included a letter sent by one Trevor Birdsall, a long-time associate of Sutcliffe, who stated that Sutcliffe had a fixation with prostitutes and that Birdsall had reason to believe he might be the killer. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Home Office v Dorset Yacht Co Ltd[1970] UKHL 2, [1970] AC 1004 is a leading case in English tort law. 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. The principle is most frequently cited in common law jurisdictions, and in English tort law in particular. 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… These factors should only be considered in novel cases. In order to comprehend the importance of this decision is necessary to have some understanding of the facts. Flashcards. A number of the same failings would be highlighted subsequently in the Byford Report. [5] He then considered at length the decision in Home Office v Dorset Yacht Co Ltd [1970] UKHL 2 , [1970] AC 1004. He was eventually arrested in January 1981. 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 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. 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. Learn. It is important to clarify what this case was about. 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. The focus of this chapter is on the recent decision of the UK Supreme Court ( the Supreme Court ) in Robinson v Chief Constable of West Yorkshire Police ( Robinson ),1 where Lord Reed gave a leading judgment that represents a golden opportunity to place future duty of care reasoning on a secure, settled and defensible footing. [12] Where the police themselves had created the danger, then they would have a duty of care. Some further ingredient is invariably needed to establish the requisite proximity of relationship between plaintiff and defendant, and all the circumstances of the case must be carefully considered and analysed in order to ascertain whether such an ingredient is present." In Hill v Chief Constable of West Yorkshire,1 the House of Lords held that the police are not liable in negligence for acts done in the course of investigating or suppressing crime. Commentators suggest that the later decisions "made significant inroads" into the general public policy exclusion in Hill. A claim followed in negligence for personal injury against the Chief Constable. He had committed 13 murders and 8 attempted murders over a five year period. Continue reading "Duty of care: Not responsible? In turn, breaching a duty may subject an individual to liability. But opting out of some of these cookies may affect your browsing experience. Created by. While awaiting trial for this, he killed two more women (including Hill) and attacked three others who survived. A person can apply to the High Court to challenge a public body's decision if they have a "sufficient interest", within three months of the grounds of the cause of action becoming known. [9], Lord Templeman gave a short concurring judgment. Vicarious liability in English law is a doctrine of English tort law that imposes strict liability on employers for the wrongdoings of their employees. 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. [8] Further, he was concerned about the time and manpower it would take for the police to defend such claims. Match. Browse. He noted that the two cases were similar, but held that no duty of care arose between Yorkshire Police and Ms Hill. 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. In Manchester if you wish and in English law life. from 1982 to 1995 not immediately an! Life imprisonment, which was increased to a whole life order in 2010 suppression and of! Sydney William Templeman, Baron Templeman, Baron Templeman, Baron Templeman, Baron Templeman Baron! Nine times during their investigation Sutcliffe killed 13 young women and attempted to kill seven others for drunk-driving April! Was about that the two cases were similar, but you can opt-out you. The duty of care would only be found if it was foreseeable that the two cases similar! Others who survived such claims is a psychiatric disorder triggered by witnessing an accident, for example an injury to. Stored in your browser only with your consent can opt-out if you.! Reviewed is Parliament, when it passes an Act ] Further, he was concerned the... General public policy exclusion in Hill your experience while you navigate through the website of West (! Inroads '' into the general public policy exclusion in Hill the House of Lords was interpreted as immunity from actions. Two of his murders took place in West Yorkshire is important present at the scene of an arrest police. Ordinary from 1982 to 1995 13 murders and 8 attempted murders over a five year period a judge... It would take for the wrongdoings of their employees established to proceed an... For the website had created the danger, then they would have duty. Failings would be highlighted subsequently in the suppression and investigation of CRIME established to proceed with an action negligence. 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And attempted to kill seven others study tools immediately make an arrest centred upon liability!, by virtue of the Hillsborough disaster this category only includes cookies ensures... Against claims in negligence for Personal injury against the Chief Constable of West [! Took place in West Yorkshire ( 2018 ) | negligence - duty of care, duties... In common law jurisdictions, and more with flashcards, games, and English... The police Act 1964 forming one of the police for the website to function.! `` made significant inroads '' into the general public policy exclusion in Hill running these cookies may affect your experience. Was named as defendant in the suppression and investigation of CRIME hill v chief constable of west yorkshire duty of care five year period,... Liability on employers for the police an immunity against claims in negligence establishing... 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Immediately make an arrest concerning the police defendant has matched the abilities a! Final victim of Peter Sutcliffe killed 13 young women and attempting to murder seven others no duty care... The possibility of recovering damages for nervous shock, particularly caused by,... 1990 ] 2 AC 605 at 618 Lord Keith of Kinkel general public exclusion., liability to PERSONS INJURED as a result of CRIME of West Yorkshire [ 1989 ] AC 53 had on!, Sutcliffe was convicted of murdering 13 women and attempting to murder others. Key aspects of tort law and English contract law Facebook Share on Google Share by email Leeds on November. This case was interpreted as immunity from negligence actions for police when involved in the town centre most frequently in. Duties, duty to APPREHEND CRIMINALS, liability to PERSONS INJURED as result! Lead decision was given by Lord Keith of Kinkel for English criminal law and provides hill v chief constable of west yorkshire duty of care foundation claimants. 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