Essex Police v Transport Arendonk BVBA [2020] EWHC 212 (QB) (23 January 2020)

Essex Police v Transport Arendonk BVBA [2020] EWHC 212 (QB) (23 January 2020)

It is not clear beyond argument that the police owed no duty of care to the respondent; the claim raises arguable issues of law and fact regarding whether the police assumed responsibility or created the risk, and these should be determined at trial rather than struck out summarily.

Citation
[2020] EWHC 212
Parties
Claimant/appellant: The Chief Constable of Essex Police; Defendant/respondent: Transport Arendonk BVBA
Jurisdiction
England and Wales
Judgment Date
23 January 2020
Procedural Posture
Appeal / Appeal From Decision Refusing to Strike Out Claim
Outcome
Appeal dismissed
Legal Topics
Negligence, Duty of Care, Assumption of Responsibility, Liability for Acts of Third Parties, Public Authority Liability
Tort Law Police Liability Negligence Duty of Care Assumption of Responsibility Liability for Acts of Third Parties Public Authority Liability

Case Brief

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Parties

The Chief Constable of Essex Police

Claimant/appellant

Transport Arendonk BVBA

Defendant/respondent

Procedural Posture

Appeal / Appeal From Decision Refusing to Strike Out Claim

Legal Issues

  1. 1 Whether the police owed a duty of care to the respondent in respect of property left unattended after arrest of the driver
  2. 2 Whether the police assumed responsibility for the security of the lorry and its contents
  3. 3 Whether the claim should be struck out as having no real prospect of success

Ratio Decidendi

It is not clear beyond argument that the police owed no duty of care to the respondent; the claim raises arguable issues of law and fact regarding whether the police assumed responsibility or created the risk, and these should be determined at trial rather than struck out summarily.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the claim is not struck out and may proceed to trial.