Suing in Duty of Care

  • Created by: Zaynab
  • Created on: 23-12-20 12:21
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  • Suing in DoC
    • Suing the public services
      • would an extension of concept of 'duty of care'lead to a flood of litigation?
      • Would DoC lead to defensive and costly practices by certain professions (barristers, surgeons, social services, schools)?
      • If a duty is held to exist, would resulting awards be detrimental to resources/ budgets of public bodies (e.g. hospitals/ social services)
    • Suing the police
      • is it fair, just and reasonable?
      • if a barrister bungles your case, can sue. if firefighter turns off building's sprinklers amid an inferno, might have a case for damages. police can't be taken on the same way.
        • Hill v CC West Yorkshire (1988). Appeal dismissed.
          • 1. Police could be liable in tort for persons who are injured as direct result of their acts and omissions
          • 2. However, police don't owe general DoC to apprehend unknown criminal.
          • 3. Police don't owe DoC to individual members of public who suffer as result of criminal activities
        • Michael v CC of South Wales Police and Anor (2015). HiCo refused grant a strike out/ summary judgement, holding serious issues of fact that necessitated a hearing of both claims. CoA judges held summary judgement should be granted to police on common law negligence claim.
        • Robimson v CC of West Yorkshire.  Appeal dismissed (C appealed decision police didn't owe DoC to her in circumstance. Appeal to SC. SC reviewed law on DoC. Questioned if issue reasonably foreseeable. Police officers owed C DoC + had foreseen likelihood that suspect may try to resist arrest.
    • Does D owe C a DoC?
      • is C a neighbour?
        • Is any injury foreseeable (to ordinary person)?
          • = DoC exists
      • Is any injury foreseeable (to ordinary person)?
        • = DoC exists
      • Is there proximity between C and D?
        • Is it fair, just and reasonable to impose DoC on D in the circumstance
          • Is there proximity between C and D?
        • Suing someone in negligence
          • D owed C a DoC
          • D breached DoC
          • Breach caused foreseeable damage


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