Vicario v The Commissioner of Police for the Metropolis

Vicario v The Commissioner of Police for the Metropolis

Public policy is a complete answer to the claim; police and prosecutors owe no duty of care to victims in decisions not to prosecute, and assumption of responsibility requires claimant reliance, which is absent here.

Parties
Claimant/respondent: Melania Vicario; Defendant/appellant: The Commissioner of Police for the Metropolis
Jurisdiction
England and Wales
Judgment Date
21 December 2007
Procedural Posture
Civil Appeal / Second Appeal, Strike Out Application
Outcome
Appeal allowed; claim struck out.
Legal Topics
Duty of Care, Negligence, Police Liability, Assumption of Responsibility, Public Policy
Tort Law Public Law Duty of Care Negligence Police Liability Assumption of Responsibility Public Policy

Case Brief

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Parties

Melania Vicario

Claimant/respondent

The Commissioner of Police for the Metropolis

Defendant/appellant

Procedural Posture

Civil Appeal / Second Appeal, Strike Out Application

Legal Issues

  1. 1 Whether police owe a duty of care to victims in decisions not to prosecute
  2. 2 Whether assumption of responsibility by police creates a duty of care
  3. 3 Whether public policy precludes a duty of care in prosecutorial decisions

Ratio Decidendi

Public policy is a complete answer to the claim; police and prosecutors owe no duty of care to victims in decisions not to prosecute, and assumption of responsibility requires claimant reliance, which is absent here.

Court Disposition

Appeal allowed; claim struck out.

Orders

  • Claim against the Commissioner of Police struck out in its entirety.
  • Commissioner's appeal on costs rendered redundant.