Chief Constable of West Yorkshire Police v Hunter

Chief Constable of West Yorkshire Police v Hunter

The Chief Constable was not in breach of duty by failing to provide demonstration or instruction for the clock exercise, as officers had sufficient prior training and realism in training exercises precludes choreographed instruction. The injury was an unfortunate accident not attributable to breach of duty.

Parties
Appellant/defendant: Chief Constable of West Yorkshire Police; Respondent/claimant: David Hunter
Jurisdiction
England and Wales
Judgment Date
14 July 2009
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal allowed
Legal Topics
Negligence, Duty of Care, Training Exercises, Causation
Tort Personal Injury Employment Law Negligence Duty of Care Training Exercises Causation

Case Brief

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Parties

Chief Constable of West Yorkshire Police

Appellant/defendant

David Hunter

Respondent/claimant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Chief Constable breached his duty of care by failing to provide demonstration or instruction for a new training exercise
  2. 2 Whether the breach, if any, caused the claimant's injury

Ratio Decidendi

The Chief Constable was not in breach of duty by failing to provide demonstration or instruction for the clock exercise, as officers had sufficient prior training and realism in training exercises precludes choreographed instruction. The injury was an unfortunate accident not attributable to breach of duty.

Court Disposition

appeal allowed

Orders

  • Judgment for the Chief Constable; claim dismissed