The Court of Appeal have allowed the Chief Constable's appeal against the Master's refusal to strike out the claim against him. The case concerned whether police officers who attended a road traffic accident caused by ice owed a duty of care to make the road safe for later motorists. Shortly after the officers left the scene of the first accident, a head-on collision occurred between two vehicles in which both drivers were tragically killed. Striking out the claims brought by the widow of one of the deceased drivers, the Court of Appeal rejected arguments that the police had made matters worse by their attendance at the first accident, or had assumed a duty of care, or had come under a duty by reason of the fact that they had had the power to exercise control over the accident scene. The Court held that the case was bound to fail on established, common law principles. Andrew Warnock QC and Ella Davis, instructed by DAC Beachcroft, represented the Chief Constable.
Read the full judgment here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.