Human rights: Claims against the police post Robinson and DSD – part two

12 King’s Bench Walk (Chambers of Paul Russell QC) | Personal Injury Law Journal | December 2018/January 2019 #171
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 …

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Duty of care: Claims against the police post Robinson and DSD – part one

12 King’s Bench Walk (Chambers of Paul Russell QC) | Personal Injury Law Journal | November 2018 #170
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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Liability: Pure omissions and public authorities

2 Temple Gardens | Personal Injury Law Journal | May 2018 #165
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 general principle of the …

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Duty of care: It‘s a fair cop

St John’s Chambers (Chambers of Matthew White) | Personal Injury Law Journal | March 2018 #163
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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