Source: All England Reporter
Publisher Citation: [2010] All ER (D) 74 (Jan)
Neutral Citation: [2010] EWCA Civ 5
Court: Court of Appeal, Civil Division
Judge:

Pill, Arden and Smith LJJ
Representation Simon Taylor QC and Sally Cowen (instructed by Roythornes LLP) for the claimant.
  James Todd (instructed by Debenhams Ottaway Solicitors) for the defendant.
Judgment Dates: 14 January 2010

Catchwords

Negligence - Duty to take care - Driver of motor vehicle - Police officer - Police officer pursuing claimant whom he thought was attempting to avoid arrest - Claimant suffering injuries - Whether police officer acting negligently.

The Case

Negligence Duty to take care. The Court of Appeal, Civil Division, held that the judge had erred in dismissing the claimant's claim for damages for personal injuries, in circumstances where he had been injured following an attempt by the police to arrest him because of the way he had been driving his motor cycle. The court substituted a finding that the defendant was liable in negligence and that responsibility for the incident was 60 per cent on the claimant and 40 per cent on the defendant.

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