The Court of Appeal have allowed the Chief Constable’s appeal against the Master’s refusal to strike out the claim against him. The case concerned whether police officers who attended a road traffic accident caused by ice owed a duty of care to make the road safe for later motorists. Shortly after the officers left the scene of the first accident, a head-on collision occurred between two vehicles in which both drivers were tragically killed. Striking out the claims brought by the widow of one of the deceased drivers, the Court of Appeal rejected arguments that the police had made matters worse by their attendance at the first accident, or had assumed a duty of care, or had come under a duty by reason of the fact that they had had the power to exercise control over the accident scene. The Court held that the case was bound to fail on established, common law principles. Andrew Warnock QC and Ella Davis, instructed by DAC Beachcroft, represented the Chief Constable.
Read the full judgment here.
Chambers congratulates Adam Dawson upon being awarded an MBE for services to charity and service to the Jewish Community. For over 30 years Adam has been involved in the heart of the Jewish community, leading several charities and organisations. After a year as Chair of…
This week Russell Wilcox and Thomas Clarke examine whether in applications to set aside default judgment there exists such a thing as a ‘co-defendant principle’; essential reading for all practitioners. Co-defendants and Applications to Set Aside: the More the Merrier? In the recent case of…
Introduction On Wednesday 21st of May, the Supreme Court handed down judgment in the long-awaited case of URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21. The judgment was awaited by almost all with an interest in construction law and related professional negligence. BDW…
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