Law:

Section:

Per Lord Reed, JSC; Lady Hale and Lord Hodge, JJSC agreeing; Lord Mance and Lord Hughes, JJSC also agreeing but by different reasoning. Negligence--- ----Duty of care---Police---Police officers causing injury to passer-by while attempting to arrest an accused on a busy street---Question as to whether duty of care was owed to passers-by, and whether police was immune from claims in negligence for injuries caused in course of performing core duties---Two police officers tried to arrest an accused in a busy shopping street when a struggle took place, during which the three men fell on top of the claimant, an old woman aged 76, who was passing by---Claimant suffered injuries as a result and sought damages against the defendant Chief Constable police for personal injuries on the grounds of negligence by the two police officers---Trial judge held that the police officers had acted negligently, since there was a foreseeable risk that passers-by such as the claimant would be injured and they had failed to have regard to the safety of members of the public in the vicinity, but dismissed the claim on the grounds that the police had immunity against claims in negligence---Court of Appeal dismissed the claimant's appeal and held that no duty of care was owed by the police and that, even if the officers had owed the claimant such a duty, on the facts it would not be fair, just and reasonable to impose a duty towards individual members of the public on the police engaged in their core function---Validity---[Per Lord Reed, JSC: There was no general rule that the police were not under any duty of care when discharging their functions of preventing and investigating crime, and they generally owed a duty of care when such a duty arose under ordinary principles of the law of negligence unless statute or the common law provided otherwise---Applying said principles, they might be under a duty of care to protect an individual from a danger of injury which the police themselves had created, but the police were not normally under a duty of care to protect individuals from a danger of injury which the police had not themselves created, including injury caused by the acts of third…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492