Chief Constable of West Yorkshire Police v Hunter [2009] EWCA Civ 1576 (14 July 2009)

Chief Constable of West Yorkshire Police v Hunter [2009] EWCA Civ 1576 (14 July 2009)

The majority held that the Chief Constable was not in breach of duty by failing to provide a specific demonstration or instruction for the clock exercise, as the officers had already been trained in relevant techniques and realism in training justified the approach. The injury was an unfortunate accident not attributable to a breach of duty.

Citation
[2009] EWCA Civ 1576
Parties
Appellant/defendant: Chief Constable of West Yorkshire Police; Respondent/claimant: Hunter (David Hunter)
Jurisdiction
England and Wales
Judgment Date
14 July 2009
Procedural Posture
Personal Injury Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Employer's Liability, Duty of Care, Police Training, Causation, Breach of Duty
Tort Law Personal Injury Negligence Employer's Liability Duty of Care Police Training Causation Breach of Duty

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Parties

Chief Constable of West Yorkshire Police

Appellant/defendant

Hunter (David Hunter)

Respondent/claimant

Procedural Posture

Personal Injury Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the Chief Constable breached the duty of care by failing to provide prior demonstration or instruction for a new police training exercise ('clock exercise')
  2. 2 Whether the lack of instruction or demonstration caused the claimant's injury

Ratio Decidendi

The majority held that the Chief Constable was not in breach of duty by failing to provide a specific demonstration or instruction for the clock exercise, as the officers had already been trained in relevant techniques and realism in training justified the approach. The injury was an unfortunate accident not attributable to a breach of duty.

Court Disposition

Appeal allowed

Orders

  • Judgment for the Chief Constable of West Yorkshire Police
  • Claim dismissed