Exception to 3rd Party Rule: Proximity between D and 3rd Party

Question 1

Home Office v Dorset Yacht

Answer 1

• Facts? Borstal boys left unsupervised by supervisors and attempted to escape island using claimant’s yachts.
• Principle? Supervisory relationship created proximity between D and 3rd party.
• Damage to yachts reasonably foreseeable as boys had history of escape and yachts only means to leave island.
• Note - case from 1970s when liability was expanding. No policy reasons not to then.
• Distinguish between operational and policy matters.
• Decision to operate borstal system was policy issue so could not be challenged in court.
• Carelessness of officers was operational so could be challenged.
• Contrast with HILL v CC of WEST Yorkshire