Reeves v Commissioner Of Police For Metropolis [1997] EWCA Civ 2686 (10th November, 1997)

Reeves v Commissioner Of Police For Metropolis [1997] EWCA Civ 2686 (10th November, 1997)

Where police have a duty to take reasonable care to prevent the suicide of a detainee known to be a suicide risk, the occurrence of suicide does not constitute a novus actus interveniens, nor does it found a defence of volenti non fit injuria, contributory negligence, or ex turpi causa. The defences are inapplicable...

Source-derived case information.

Citation
[1997] EWCA Civ 2686
Parties
Appellant/plaintiff: Sheila Reeves (Joint administratrix of the estate of Martin Lynch, deceased); Respondent/defendant: Commissioner of Police for the Metropolis
Jurisdiction
England and Wales
Procedural Posture
Civil Appeal / Appeal From Central London County Court
Outcome
appeal allowed
Legal Topics
Negligence, Duty of Care, Suicide in Custody, Defences to Negligence, Contributory Negligence, Volenti Non Fit Injuria, Novus Actus Interveniens, Ex Turpi Causa
Tort Law Police Law Personal Injury Negligence Duty of Care Suicide in Custody Defences to Negligence Contributory Negligence +3 more

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Parties

Sheila Reeves (Joint administratrix of the estate of Martin Lynch, deceased)

Appellant/plaintiff

Commissioner of Police for the Metropolis

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Central London County Court

Legal Issues

  1. 1 Whether the police owed a duty of care to prevent the suicide of a detainee known to be a suicide risk
  2. 2 Whether the defences of volenti non fit injuria, contributory negligence, novus actus interveniens, or ex turpi causa bar recovery for the estate of a sane suicide in custody

Ratio Decidendi

Where police have a duty to take reasonable care to prevent the suicide of a detainee known to be a suicide risk, the occurrence of suicide does not constitute a novus actus interveniens, nor does it found a defence of volenti non fit injuria, contributory negligence, or ex turpi causa. The defences are inapplicable because the very act (suicide) is the risk the police were required to guard against.

Court Disposition

appeal allowed

Orders

  • Order of the judge set aside
  • Judgment entered for the plaintiff and damages awarded