||All England Reporter
|| All ER (D) 416 (Mar)
|| EWCA Civ 407
||Court of Appeal, Civil Division
Kennedy, Clarke and Hale LJJ
||Andrew Nicol QC and Ijeoma Omambala (instructed by Deighton Guedalla) for the claimant.
||Robert Seabrook QC and Jason Beer (instructed by Metropolitan Police Service Solicitors) for the first defendant.
||Neil Garnham QC and Jennifer Johnston (instructed by Russell Jones & Walker) for the second to sixteenth defendants.
||26 March 2002
Practice - Striking out - Action - Action against police alleging negligence in investigation of crime - Judge striking out claim - Whether judge in error.
The question whether it was fair, just and reasonable to hold that a duty of care existed in a particular case depended upon the circumstances of that particular case. All, or almost all, cases involved a balance between competing considerations. A balance should be struck between public policy considerations and the consideration that wrongs should be remedied. Applying those principles to the instant case, the claimant would be permitted to proceed against the defendant Police Commissioner and his police officers.
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