Liability of public bodies

Greater clarification through litigation

The distinction between the public law duties of the police and their liability in private law has been the cause of much confusion over the years, and there have been numerous attempts to seek clarification through litigation. The Court of Appeal has again reaffirmed the basic legal principle that public authorities, including the police, do not in the normal course of events, owe a common law duty of care to individuals to protect them from harm caused by third parties. By upholding that principle, the Court of Appeal has provided greater clarity in this area of law and might make potential claimants think twice before embarking upon litigation. Although the Court acknowledged that there are some exceptions to the general rule, none of the exceptions applied to the present cases. The judgment of the Court of Appeal includes a detailed analysis of the case law and is an excellent example of clear thinking and exposition of complex arguments.