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Van Colle v Chief Constable of Hertfordshire and Smith v Chief Constable of Sussex Police: Judgment given by House of Lords

The House of Lords has given judgment in the related appeals of Van Colle v Chief Constable of Hertfordshire Police and Smith v Chief Constable of Sussex Police [2008] UKHL 50.

Both appeals involved allegations that police officers had failed to provide appropriate protection for members of the public who had reported threats.  In both cases the Chief...

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Onwuama v London Borough of Ealing: Compatibility of issue estoppel with ongoing legal obligations

On 22 July 2008 Teare J dismissed the Claimant's appeal against the decision to strike out part of her claim on the ground of res judicata and abuse of process.

C, a tenant, pursued a claim for disrepair against D, her landlord, in 2005.  Her complaints included damp.  Her claim was dismissed and it was held that the damp was caused by condensation which...

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Steadman v TNT: Credit Hire: Mitigation of Loss

Judgment was handed down on 27th June 2008 in the case of Steadman v TNT. The case concerns a point of law that has lead to a number of inconsistent decisions at first instance: where a claimant has failed to mitigate her loss by refusing the tortfeasor's offer to hire her a car at no cost to herself, she is not entitled to recover by way of damages for loss of...

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Damages; Assessment; Cost of Care: Peters v Nottingham Health Authority

Judgment was handed down in the above-named case on May 12th.  The case was an assessment of damages payable to the claimant with congenital rubella syndrome, following an admission of liability by an NHS Trust and a GP.

The principal issue concerned the entitlement of the claimant to damages for past and future care.  The claimant had been provided with...

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Chief Constable of Wiltshire v McDonagh: interpretation of ss8 and 22 PACE

Judgment was delivered in the above appeal last week.  The case concerned the appeal by Wiltshire police of a decision of a county court judge that they must return a caravan seized and retained under a warrant.  M was a young mother and traveller.  She was due to give birth to her fourth child when the police seized her home, the caravan.  M's...

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A v Essex County Council: no infringement of child's human rights

The Court of Appeal has ruled that a local authority did not arguably infringe a disabled child's human rights under articles 2, 8, 14 or article 2 of the First Protocol of the European Convention on Human Rights in circumstances where it did not provide education to a severely disabled child for a period of 18 months.  The Court held that in order to succeed...

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Permission to appeal to the House of Lords granted in Smith v Chief Constable of Sussex Police

The House of Lords has granted permission to appeal in the case of Smith v Chief Constable of Sussex Police, a common law claim alleging failure to take steps to protect a victim from attack.  The appeal is expected to be heard in May 2008 and will be conjoined with the appeals in Van Colle v Chief Constable of Hertfordshire and Savage v South Essex...

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Defeat of challenge to police decision to prosecute

On February 14th, the High Court gave judgment in a claim for judicial review, R (D) v Commissioner of Police of the Metropolis and CPS, in which two juveniles charged with criminal damage challenged the institution and continuation of prosecutions against them.  They claimed that the police had failed to apply the guidance issued under the Crime and Disorder...

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