References: [1985] 2 All ER 986, [1985] 1 WLR 1242
Coram: Taylor J
Ratio: The police were found liable to pay damages for negligence having fired a gas canister into the plaintiffs’ premises in order to flush out a dangerous psychopath. There had been a real and substantial fire risk in firing the canister into the building and that risk was only acceptable if there was fire fighting equipment available to put the fire out at an early stage. No equipment had been present at the time and the fire had broken out and spread very quickly.
Held: The defence of necessity might be available to police officers when looking at a claim for damage to property.
Jurisdiction: England and Wales
This case is cited by:
- Cited – Osman v The United Kingdom ECHR (Times 05-Nov-98, 23452/94, 87/1997/871/1083, Bailii, [1999] 1 FLR 193, Bailii, [1998] ECHR 101, 5 BHRC 293, (2000) 29 EHRR 245, [1999] Fam Law 86, [1998] HRCD 966, [1999] Crim LR 82, (1999) 163 JPN 297, (1999) 11 Admin LR 200)
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . . - Cited – Hughes v National Union of Mineworkers QBD ([1991] 4 All ER 278, [1991] ICR 669)
The court struck out as disclosing no cause of action a claim by a police officer who was injured while policing the miners’ strike and who alleged that the police officer in charge had deployed his men negligently.
Held: The officer in charge . . - Cited – Austin and Saxby v Commissioner of the Police for the Metropolis QBD (Times 14-Apr-05, [2005] EWHC 480)
Towards the end of a substantial May Day demonstration on the streets of London, police surrounded about 3,000 people in Oxford Circus and did not allow them to leave for seven hours. The claimant who was present, but not involved in any of the . . - Cited – Hertfordshire Police v Van Colle; Smith v Chief Constable of Sussex Police HL (Bailii, [2008] UKHL 50, [2008] 3 All ER 977, [2008] 3 WLR 593, Times 01-Aug-08, HL, [2009] PIQR P2, [2008] UKHRR 967, [2008] HRLR 44, [2009] 1 AC 225, [2009] 1 Cr App R 12, [2009] LS Law Medical 1)
A prosecution witness was murdered by the accused shortly before his trial. The parents of the deceased alleged that the failure of the police to protect their son was a breach of article 2.
Held: The House was asked ‘If the police are alerted . . - Cited – An Informer v A Chief Constable CA ([2013] QB 579, Bailii, [2012] EWCA Civ 197, [2012] 3 All ER 601, [2013] 2 WLR 694)
The claimant appealed against dismissal of his claim for damages against the police. He had provided them with information, but he said that they had acted negligently and in breach of contract causing him financial loss. The officer handling his . . - Cited – Michael and Others v The Chief Constable of South Wales Police and Another SC (Bailii, [2015] UKSC 2, Bailii Summary, [2015] 2 WLR 343, [2015] Med LR 171, [2015] 2 All ER 635, [2015] HRLR 8, UKSC 2013/0043, SC, SC Summary, SC Videoa Summary)
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
(This list may be incomplete)
Last Update: 15 October 2018
Ref: 183669
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