Osman v Ferguson [1993] 4 All ER 344. Swinney v Chief Constable of Northumbria Police Force QB 464 Court of Appeal Mr & Mrs Swinney were managers of a pub. Main arguments in this case: In some circumstances it is possible that the police owe a duty of care to certain individuals. He claimed damages from the respondent for contributory negligence of other officers in failing to come to his assistance. In 1974 it merged with part of Durham Constabulary to form Northumbria Police. (1990) 2 AC 605 at 633. Swinney v Chief Constable of Northumbria Police and Capital & Counties plc v Hampshire County Council may be indicative of such a change. 2. The allegations centred on the actions of Detective Chief Inspector Bob Pallas from July 2002 and July 2003. 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. They were taken to the police station, questioned and released. Your email address will not be published. [2013] QB 579, [2012] EWCA Civ 197, [2012] 3 All ER 601, [2013] 2 WLR 694Cited – AXN v The Queen CACD 27-May-2016 The defendant argued that greater note should have been taken on his sentencing to allow for the assistance he had given to the police after his arrest. The police argued that the threats were coming from a third party and not from them (lack of proximity). CHIEF CONSTABLE OF NORTHUMBRIA POLICE FORCE [1994 S. No. Between the 15th and 18th June 1999, the appellants were separately arrested by the Northumbria Police on suspicion of perverting the course of justice. Other witnesses had also suffered intimidation including acts of . Accordingly, it is arguable that there is a duty of care, and that no consideration of public policy precludes the prosecution of the plaintiffs’ claim, which will be judged on its merits later.’ Lord Justice Hirst, Lord Justice Ward Times 28-Mar-1996, [1997] QBD 464, [1996] EWCA Civ 1322, [1996] 3 WLR 968, [1996] 3 All ER 449, [1996] PNLR 473 Bailii England and Wales Citing: Cited – Hill v Chief Constable of West Yorkshire HL 28-Apr-1987 No General ty of Care Owed by PoliceThe mother of a victim of the Yorkshire Ripper claimed in negligence against the police alleging that they had failed to satisfy their duty to exercise all reasonable care and skill to apprehend the perpetrator of the murders and to protect members . This article relates to: Emergency services; Executive summaryIn a claim brought by the estate of PC David Rathband, who took his own life after being shot and blinded by the fugitive offender… Queen’s Bench Division (Males J) 5 February 2016 Executive summary. The public interest would be affronted were it to be the law that members of the public should be expected, in the execution of public service, to undertake the risk of harm to themselves without the police, in return, being expected to take no more than reasonable care to ensure that the confidential information imparted to them is protected. . where the financial loss is not related to a personal injury or damage to property. Held: The current accepted practice is that the text of the letter from the police to the . If the police keep an informant’s confidentiality secure, that would encourage other individuals to come forward in fighting crimes. Held: If a police officer owes a duty of care to . 1 See Swinney v Chief Constable of Northumbria, (1999) 11 Admin. 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. The public dimension . If it is lost or damaged. The claim was carried on after his death by his brother and sister, on behalf of his dependants and estate. 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. Two weeks ago the High Court gave its judgment in Rathband v Chief Constable of Northumbria EWHC 181 (QB). It was also argued that the police should not be sued as it would go against the policy reason (as described in Hill). (adsbygoogle = window.adsbygoogle || []).push({}); Your email address will not be published. Solicitors and barristers . (adsbygoogle = window.adsbygoogle || []).push({}); Before making any decision, you must read the full case report and take professional advice as appropriate. Costello v Chief Constable of Northumbria Police [1998] EWCA Civ 1898. John Riddell Partner. 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. 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