Source: All England Reporter
Publisher Citation: [2002] All ER (D) 416 (Mar)
Neutral Citation: [2002] EWCA Civ 407
Court: Court of Appeal, Civil Division

Kennedy, Clarke and Hale LJJ

Representation 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.
Judgment Dates: 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 Case

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.

Practice Areas

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