Liability of police in negligence: a comparative analysis
Article
Article Title | Liability of police in negligence: a comparative analysis |
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ERA Journal ID | 33984 |
Article Category | Article |
Authors | |
Author | Gray, Anthony |
Journal Title | Tort Law Review |
Journal Citation | 24 (1), pp. 34-62 |
Number of Pages | 29 |
Year | 2016 |
Publisher | Lawbook Co. |
Place of Publication | Sydney, Australia |
ISSN | 1039-3285 |
Web Address (URL) | https://search.informit.org/doi/10.3316/agispt.20161523 |
Abstract | A recent decision of the United Kingdom Supreme Court confirms the general reluctance of the law to impose a duty of care on police officers. While confirming the status quo, two judges dissented in the result, suggesting that there might, over time, be a re-calibration of the existing approach which places serious obstacles in the path of those suffering injury through police action or inaction being able to claim compensation for their losses.This article will summarise the existing position regarding the liability of police officers to various kinds of plaintiff in the United Kingdom, Canada and Australia, before critically considering existing rationales for the reluctance to find that a duty of care exists, and ways in which the law in this area might develop. It concludes that the policy rationales for reluctance to find that police owe a duty of care are highly questionable, and that Canadian law in this area has often balanced various considerations better than the other jurisdictions studied. |
Keywords | duty of care; public authority policy; negligence police |
Contains Sensitive Content | Does not contain sensitive content |
ANZSRC Field of Research 2020 | 480605. Tort law |
Public Notes | This article was first published by Thomson Reuters in Tort Law Review and should be cited as Anthony Gray, Liability of police in negligence: a comparative analysis, (2016) 24 Tort L Rev 34. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at https://www.thomsonreuters.com.au/en-au/contact.html. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase. |
Byline Affiliations | School of Law and Justice |
Institution of Origin | University of Southern Queensland |
https://research.usq.edu.au/item/q36v6/liability-of-police-in-negligence-a-comparative-analysis
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