Osman v Ferguson [1992] EWCA Civ 8 (07 October 1992)

Osman v Ferguson [1992] EWCA Civ 8 (07 October 1992)

The House of Lords' decision in Hill v. Chief Constable of West Yorkshire establishes that, on grounds of public policy, police are immune from liability in negligence for failures in the investigation and suppression of crime, regardless of proximity or operational distinction. The plaintiffs' claims are not...

Source-derived case information.

Citation
[1992] EWCA Civ 8
Parties
First Plaintiff / Respondent: Mulkiye Yosuf Osman; Second Plaintiff / Respondent: Ahmed Osman; First Defendant: Dr. Hugh Cameron Ferguson; Second Defendant / Appellant: The Commissioner of Police for the Metropolis
Jurisdiction
England and Wales
Judgment Date
07 October 1992
Procedural Posture
Appeal (civil) / Appeal From High Court Judgment on Strike Out Application
Outcome
Appeal allowed; action struck out against second defendant.
Legal Topics
Duty of Care, Police Immunity, Public Policy, Strike Out Applications
Tort Law Negligence Public Law Duty of Care Police Immunity Public Policy Strike Out Applications

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Summary, issues, holding and outcome

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Parties

Mulkiye Yosuf Osman

First Plaintiff / Respondent

Ahmed Osman

Second Plaintiff / Respondent

Dr. Hugh Cameron Ferguson

First Defendant

The Commissioner of Police for the Metropolis

Second Defendant / Appellant

Procedural Posture

Appeal (civil) / Appeal From High Court Judgment on Strike Out Application

Legal Issues

  1. 1 Whether the police owe a duty of care to individuals in the investigation and suppression of crime
  2. 2 Whether public policy precludes liability in negligence for police investigative failures

Ratio Decidendi

The House of Lords' decision in Hill v. Chief Constable of West Yorkshire establishes that, on grounds of public policy, police are immune from liability in negligence for failures in the investigation and suppression of crime, regardless of proximity or operational distinction. The plaintiffs' claims are not maintainable against the second defendant.

Court Disposition

Appeal allowed; action struck out against second defendant.

Orders

  • Action against the Commissioner of Police for the Metropolis struck out.
  • Application for leave to appeal to the House of Lords refused.