Leach v Gloucestershire Constabulary [1998] EWCA Civ 1368 (31 July 1998)

Leach v Gloucestershire Constabulary [1998] EWCA Civ 1368 (31 July 1998)

The police, having requested the plaintiff to act as an appropriate adult in a foreseeably traumatic context, assumed sufficient responsibility to establish proximity, and it is fair, just and reasonable to impose a duty of care in respect of psychiatric injury. The appeal is allowed in part: the claim is not to be struck out in relation to the provision of counselling and support (paras d and e), but is struck out in relation to the initial selection and warning (paras a, b, c, g), and the false assurance about testifying (para f).

Citation
[1998] EWCA Civ 1368
Parties
Appellant/plaintiff: Janet Leach; Respondent/defendant: Chief Constable of Gloucestershire Constabulary
Jurisdiction
England and Wales
Judgment Date
31 July 1998
Procedural Posture
Civil Appeal / Appeal From Order Striking Out Claim at First Instance
Outcome
Appeal allowed in part
Legal Topics
Negligence, Duty of Care, Psychiatric Injury, Police Liability, Appropriate Adult, Public Policy
Tort Law Police Law Public Law Negligence Duty of Care Psychiatric Injury Police Liability Appropriate Adult +1 more

Case Brief

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Parties

Janet Leach

Appellant/plaintiff

Chief Constable of Gloucestershire Constabulary

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Order Striking Out Claim at First Instance

Legal Issues

  1. 1 Whether the police owe a duty of care to an 'appropriate adult' requested to assist in police interviews, specifically regarding psychiatric injury arising from exposure to traumatic circumstances.
  2. 2 Whether it is fair, just and reasonable to impose such a duty of care on the police in the context of their statutory obligations and public policy.

Ratio Decidendi

The police, having requested the plaintiff to act as an appropriate adult in a foreseeably traumatic context, assumed sufficient responsibility to establish proximity, and it is fair, just and reasonable to impose a duty of care in respect of psychiatric injury. The appeal is allowed in part: the claim is not to be struck out in relation to the provision of counselling and support (paras d and e), but is struck out in relation to the initial selection and warning (paras a, b, c, g), and the false assurance about testifying (para f).

Court Disposition

Appeal allowed in part

Orders

  • Strike out of paragraphs (a), (b), (c), and (g) of the Particulars of Negligence upheld, with liberty to apply to restore (g) at trial.
  • Paragraphs (d) and (e) of the Particulars of Negligence (relating to counselling/support) restored to the claim for trial.