Areas of applicable law: Tort law – Duty of care – Negligence – Psychiatric harm. The welfare of the community at large demands the encouragement of the free flow of information without inhibition. On the facts of this case, C was accepted as a CHIS by the police and fulfilled his obligations to them in that regard. His information brought him into a special relationship with the police, and they could be liable in damages for failing to take reasonable steps to protect that confidence. Due to this reason the claimant lost her claim. Atlas Express v Kafco (1989): economic duress. where the financial loss is not related to a personal injury or damage to property. Read the full decision in Miss J Ruddick v The Chief Constable of Northumbria Police: 2500542/2019 - Costs. It dismissed the claim in negligence brought against the Chief Constable of Northumbria Police. The allegations centred on the actions of Detective Chief Inspector Bob Pallas from July 2002 and July 2003. Peter Gibson LJ said: ‘the Court must evaluate all the public policy considerations that may apply.’ and the position of a police informer required special consideration from the viewpoint of public policy.Hirst LJ said:’As Laws J. pointed out in his judgment, there are here other considerations of public policy which also have weight, namely, the need to preserve the springs of information, to protect informers, and to encourage them to come forward without an undue fear of the risk that their identity will subsequently become known to the suspect or to his associates. Held: If a police officer owes a duty of care to . on Swinney v Chief Constable of Northumbria Police (1999). SECRETS your professors won't tell you and your peers don't know . The Crown Prosecution Service do not owe a duty of care in decision making regarding prosecutions: Elguzouli-Daf v Commissioner of Police [1995] QB 335 Case summary . (1990) 2 AC 605 at 633. There was a danger that an over ready application of the Hill principle might be to deprive meritorious claimant’s of a remedy. Swinney v Chief Constable of Northumbria Police [1997] QB 464; Van Colle v Chief Constable of Hertfordshire [2008] UKHL 50; X v Bedfordshire CC [1995] 2 AC 633; Z v UK (2002) (Application No 29392/95) Law Application Masterclass - ONLY £9.99. See Swinney v Chief Constable of Northumbria Police (1997) QB 464 and Osman v United Kingdom (1999) 1 FLR 193. Before making any decision, you must read the full case report and take professional advice as appropriate. Brooks v Commissioner of Police of the Metropolis [2005] UKHL 24, [2005] 2 All ER 489. Chief Constable for Northumbria Statement of Accounts 2015/16 8 staff redundancy and banking one-off savings to reduce the call on reserves so that they could support future years. L.R. The criminal was known as a violent person and she feared retaliations. The plaintiff’s claim in negligence against the police was struck out, but re-instated. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse West Yorkshire HD6 2AG. The level of threats was so grave that the claimant suffered from psychiatric harm and as a consequence she had to give up her business. However, the court found for the defendants as they had not acted in a way that would suggest they had breached their duty towards the claimant. White V Chief Constable of South Yorkshire. Reeves V Commissioner of the Police for the Metropolis. .Times 25-May-99Cited – Van Colle v Hertfordshire Police QBD 10-Mar-2006 The claimants claimed for the estate of their murdered son. In my judgment, public policy in this field must be assessed in the round, which in this case means assessing the applicable considerations advanced in the Hill case [1989] A.C 53, which are, of course, of great importance, together with the considerations just mentioned in relation to informers, in order to reach a fair and just decision on public policy.’Ward LJ said: ‘it is incontrovertible that the fight against crime is daily dependent upon information fed to the police by members of the public, often at real risk of villainous retribution from the criminals and their associates. Chief Constable for Northumbria Statement of Accounts 2016/17 7 policing from the Police and Crime Commissioner, the impact of central government cuts remains a significant challenge. When the prisoner attacked the claimant, the accompanying officer did nothing to assist her. Kirkham V Police Commissioner of Greater Mancester. The public interest will not accept that good citizens should be expected to entrust information to the police, without also expecting that they are entrusting their safety to the police. IMPORTANT:This site reports and summarizes cases. John Riddell Partner. The plaintiff was threatened with violence and arson and suffered psychiatric damage. Parker v South Eastern Railway (1877): incorporation of an exemption clause. Mullaney v Chief Constable of West Midlands Police, Swinney and another v Chief Constable of Northumbria Police (No 2), Welton, Welton v North Cornwall District Council, Knud Wendelboe and Others v LJ Music Aps, In Liquidation: ECJ 7 Feb 1985, Morina v Parliament (Rec 1983,P 4051) (Judgment): ECJ 1 Dec 1983, Angelidis v Commission (Judgment): ECJ 12 Jul 1984, Bahr v Commission (Rec 1984,P 2155) (Judgment): ECJ 17 May 1984, Metalgoi v Commission (Rec 1984,P 1271) (Judgment): ECJ 1 Mar 1984, Eisen Und Metall Aktiengesellschaft v Commission: ECJ 16 May 1984, Bertoli v Commission (Rec 1984,P 1649) (Judgment): ECJ 28 Mar 1984, Abrias v Commission (Rec 1985,P 1995) (Judgment): ECJ 3 Jul 1985, Alfer v Commission (Rec 1984,P 799) (Judgment): ECJ 14 Feb 1984, Iro v Commission (Rec 1984,P 1409) (Judgment): ECJ 15 Mar 1984, Alvarez v Parliament (Rec 1984,P 1847) (Judgment): ECJ 5 Apr 1984, Favre v Commission (Rec 1984,P 2269) (Judgment): ECJ 30 May 1984, Michael v Commission (Rec 1983,P 4023) (Judgment): ECJ 1 Dec 1983, Cohen v Commission (Rec 1983,P 3829) (Judgment): ECJ 24 Nov 1983, Albertini and Others v Commission (Rec 1984,P 2123) (Judgment): ECJ 17 May 1984, Aschermann v Commission (Rec 1984,P 2253) (Judgment): ECJ 30 May 1984, Commission v Germany (Rec 1984,P 777) (Judgment): ECJ 14 Feb 1984, Commission v Belgium (Rec 1984,P 1861) (Judgment): ECJ 10 Apr 1984, Commission v Italy (Rec 1983,P 3689) (Judgment): ECJ 15 Nov 1983, Leeuwarder Papierwarenfabriek Bv v Commission (Order): ECJ 26 Nov 1985, Boel v Commission (Rec 1983,P 2041) (Judgment): ECJ 22 Jun 1983, Kohler v Court Of Auditors (Rec 1984,P 641) (Judgment): ECJ 9 Feb 1984, Commission v Belgium (Rec 1984,P 1543) (Judgment): ECJ 20 Mar 1984, Steinfort v Commission (Rec 1983,P 3141) (Judgment): ECJ 20 Oct 1983, De Compte v Parliament (Rec 1982,P 4001) (Order): ECJ 22 Nov 1982, Trefois v Court Of Justice (Rec 1983,P 3751) (Judgment): ECJ 17 Nov 1983, Graziana Luisi and Giuseppe Carbone v Ministero del Tesoro: ECJ 31 Jan 1984, Busseni v Commission (Rec 1984,P 557) (Judgment): ECJ 9 Feb 1984, Schoellershammer v Commission (Rec 1983,P 4219) (Judgment): ECJ 15 Dec 1983, Unifrex v Council and Commission (Rec 1984,P 1969) (Judgment): ECJ 12 Apr 1984, Commission v Italy (Rec 1983,P 3075) (Judgment): ECJ 11 Oct 1983, Estel v Commission (Rec 1984,P 1195) (Judgment): ECJ 29 Feb 1984, Developpement Sa and Clemessy v Commission (Rec 1986,P 1907) (Sv86-637 Fi86-637) (Judgment): ECJ 24 Jun 1986, Turner v Commission (Rec 1984,P 1) (Judgment): ECJ 12 Jan 1984, Usinor v Commission (Rec 1983,P 3105) (Judgment): ECJ 19 Oct 1983, Timex v Council and Commission: ECJ 20 Mar 1985, Klockner-Werke v Commission (Rec 1983,P 4143) (Judgment): ECJ 14 Dec 1983, Nso v Commission (Rec 1985,P 3801) (Judgment): ECJ 10 Dec 1985, Allied Corporation and Others v Commission (Rec 1984,P 1005) (Sv84-519 Fi84-519) (Judgment): ECJ 21 Feb 1984, Brautigam v Council (Rec 1985,P 2401) (Judgment): ECJ 11 Jul 1985, Ferriere San Carlo v Commission: ECJ 30 Nov 1983, Ferriere Di Roe Volciano v Commission: ECJ 15 Mar 1983, K v Germany and Parliament (Rec 1982,P 3637) (Order): ECJ 21 Oct 1982, Spijker v Commission (Rec 1983,P 2559) (Judgment): ECJ 14 Jul 1983, Johanning v Commission (Rec 1983,P 2253) (Judgment): ECJ 6 Jul 1983, Ford Ag v Commission (Rec 1982,P 2849) (Order): ECJ 6 Sep 1982, Ford v Commission (Rec 1984,P 1129) (Judgment): ECJ 28 Feb 1984, Verzyck v Commission (Rec 1983,P 1991) (Judgment): ECJ 9 Jun 1983. [2016] EWCA Crim 590, These lists may be incomplete.Leading Case Updated: 10 December 2020; Ref: scu.89660 br>. References: Times 15-Dec-1998, [1998] EWCA Civ 1898, [1998] EWCA Civ 3536, (1999) 11 Admin LR 81, [1999] ICR 752, [1999] 1 All ER 550 Links: Bailii, Bailii Coram: May LJ. How do I set a reading intention. Chief Constable of Northumbria v Costello: CA 3 Dec 1998. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Proximity is here used in its narrow sense and not as an overall concept determining the duty of care. However, in the document that the police prepared, her identity and details of the information were revealed. Tel: 0795 457 9992, 01484 380326 or email at david@swarb.co.uk, Regina v North Humberside and Scunthorpe Coroner ex parte Jamieson: CA 27 Apr 1994. It was also argued that the police should not be sued as it would go against the policy reason (as described in Hill). Murphy v Brentwood District Council (1991): pure economic loss, Phipps v Rochester Corporation: Occupiers liability and young children. The claim was carried on after his death by his brother and sister, on behalf of his dependants and estate. [2006] EWHC 360 (QB), Times 28-Mar-06, [2006] 3 All ER 963, [2006] 1 FCR 755, [2006] Inquest LR 68, [2006] HRLR 25, [2006] Po LR 47Cited – B and B v A County Council CA 21-Nov-2006 The claimants sought damages from the defendant local authority after their identities had been wrongfully revealed to the natural parents of the adoptees leading to a claimed campaign of harassment. (adsbygoogle = window.adsbygoogle || []).push({}); Your email address will not be published. The identity of a person responsible for the estate of their murdered son Council may be indicative such... Police knew it and by using this website you are agreeing to the in... 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