Police duty of care

Brooks v Metropolitan Police Commissioner and others [2005] UKHL 24; NLJ 29 April

The claimant was present and a key witness when his friend was murdered in a notorious racist attack. He claimed damages for post-traumatic stress disorder as a result of the incident, which he alleged had been exacerbated or aggravated by the failure of the police to treat him lawfully. On an application to strike out the claim the Court of Appeal decided that, assuming the facts pleaded by the claimant to be true, the defendants arguably owed the respondent a common law duty to: (1) take reasonable steps to assess whether the claimant was a victim of crime and then to accord him reasonably appropriate protection, support, assistance and treatment; (2) take reasonable steps to afford the claimant the protection, assistance and support commonly afforded to a key eye witness to a serious crime of violence; and (3) afford reasonable weight to the account that the claimant gave and to act upon it accordingly.