Commissioner of Police for the Metropolis v Reilly

Commissioner of Police for the Metropolis v Reilly

Although the claim faces a high hurdle and is fraught with difficulty, the proximity between the claimant and the police and the arguable existence of an exceptional risk mean the claim should not be struck out at this stage. The balance between proximity and public policy requires mature consideration at trial.

Parties
Appellant/defendant: Commissioner of Police for the Metropolis; Respondent/claimant: Caroline Reilly
Jurisdiction
England and Wales
Judgment Date
22 April 2008
Procedural Posture
Civil Appeal / Interlocutory Appeal on Strike Out Application
Outcome
appeal dismissed
Legal Topics
Police Liability, Duty of Care, Negligence, Public Policy Immunity
Tort Law Public Law Police Liability Duty of Care Negligence Public Policy Immunity

Case Brief

Summary, issues, holding and outcome

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Parties

Commissioner of Police for the Metropolis

Appellant/defendant

Caroline Reilly

Respondent/claimant

Procedural Posture

Civil Appeal / Interlocutory Appeal on Strike Out Application

Legal Issues

  1. 1 Whether the police owe a duty of care to an individual complainant in investigating and preventing crime
  2. 2 Whether the claim should be struck out as unsustainable in law due to public policy immunity

Ratio Decidendi

Although the claim faces a high hurdle and is fraught with difficulty, the proximity between the claimant and the police and the arguable existence of an exceptional risk mean the claim should not be struck out at this stage. The balance between proximity and public policy requires mature consideration at trial.

Court Disposition

appeal dismissed

Orders

  • Case to proceed to trial on paragraphs 1 to 29 of Particulars of Claim A
  • All other claims remain struck out