Magee v Police Service Of Northern Ireland [2019] NIQB 83 (13 September 2019)

Magee v Police Service Of Northern Ireland [2019] NIQB 83 (13 September 2019)

It is arguable that the police assumed responsibility for the deceased when they arrested and took him to hospital, and the circumstances of his subsequent de-arrest and release could give rise to a duty of care in negligence. Therefore, the Statement of Claim discloses a reasonable cause of action and should not be...

Source-derived case information.

Citation
[2019] NIQB 83
Parties
Plaintiff/appellant: Maureen Magee as Administratrix of the Estate of Jonathan Magee (Deceased); Defendant/respondent: Chief Constable of the Police Service of Northern Ireland; Interested Party: Northern Health and Social Care Trust; Interested Party: Belfast Health and Social Care Trust
Jurisdiction
Northern Ireland
Judgment Date
13 September 2019
Procedural Posture
Appeal / Appeal Against Master's Order Striking Out Common Law Negligence Claim
Outcome
Appeal allowed
Legal Topics
Police Liability in Negligence, Assumption of Responsibility, Duty of Care, Mental Health and Police Powers, Striking Out Pleadings, Article 2 ECHR
Tort Law Human Rights Law Civil Procedure Police Liability in Negligence Assumption of Responsibility Duty of Care Mental Health and Police Powers Striking Out Pleadings +1 more

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Parties

Maureen Magee as Administratrix of the Estate of Jonathan Magee (Deceased)

Plaintiff/appellant

Chief Constable of the Police Service of Northern Ireland

Defendant/respondent

Northern Health and Social Care Trust

Interested Party

Belfast Health and Social Care Trust

Interested Party

Procedural Posture

Appeal / Appeal Against Master's Order Striking Out Common Law Negligence Claim

Legal Issues

  1. 1 Whether the police owed a duty of care in negligence to the deceased
  2. 2 Whether the particulars of negligence disclosed a reasonable cause of action against the police
  3. 3 Whether the police assumed responsibility for the deceased so as to create a duty of care

Ratio Decidendi

It is arguable that the police assumed responsibility for the deceased when they arrested and took him to hospital, and the circumstances of his subsequent de-arrest and release could give rise to a duty of care in negligence. Therefore, the Statement of Claim discloses a reasonable cause of action and should not be struck out.

Court Disposition

Appeal allowed

Orders

  • Statement of Claim restored
  • Early case management review to be listed