Smith v The Ministry of Defence [2013] UKSC 41

Duty of care: It‘s a fair cop

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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Case Report: Wembride Claimants v Winter [2013] EWHC 2331

Breach of statutory duty; emergency service; employer’s liability ‘Although the fire services’ defence was atypically ambitious, Irwin J’s analysis of the duties of emergency service employers is of considerable interest.’ These claims arose out of a mass explosion that occurred at a fireworks factory at Marlie Farm in East Sussex on 3 December 2006. Geoffrey …

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Human Rights Act: Claims can proceed for soldiers’ deaths in Iraq

Robert Weir QC discuss the recent decision of the Supreme Court in Smith v Ministry Of Defence ‘It is one thing to say that higher level decisions may fall outwith article 2 and another to translate that general guidance into a determination on the facts of a particular case as to whether the claim made …

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