Exception to 3rd Party Rule: Special Relationships

Question 1

Doctor and mental health patient

Palmer v Tees Health Authority

Answer 1

• Facts? C said Mental Health Authority owed her DOC in allowing psychiatric patient into community without adequate supervision. Patient previously threatened to kill child then killed C’s daughter.
• Principle? Not sufficient proximity between parties. Daughter not identifiable potential victim. No special relationship. C not someone at particular risk of da1mage over public at large.

Question 2

Contractual relationship

Stansbie v Troman

Answer 2

• Painter and decorator working for C, went out didn’t lock door properly. People got in and stole. Proximate relationship, F, J and R - high standards etc. Contractual relationship.

Question 3

Police and member of the public

Osman v Ferguson (stalker teacher)

Answer 3

• Facts? Pupil shot and father killed by stalking teacher. Police aware that teacher stalking pupil and had made threats.
• Principle? No DOC on policy grounds, but sufficient proximity. Aware of stalking, father and pupil identifiable victims.

Question 4

Police and member of the public

Hill v Chief Constable of West Yorkshire (Yorkshire Ripper)

Answer 4

• Facts? Mother of last victim of Yorkshire Ripper sued police for failing to apprehend him sooner. Questioned and released then killed again.
• Principle? Personal injury was reasonably foreseeable, but no duty because insufficient proximity between any woman as potential victim and the police.
• Distinguish between operational and policy matters.
• Hill is policy matter - police being criticised for way they conducted investigation. Threat of liability could lead to defensive practises.

Question 5

Police and member of the public

Robinson v Chief Constable of West Yorkshire (drug-dealer arrest)

Answer 5

• Facts? C was passer-by knocked down during arrest of drug dealer.
• Principle? No DOC. C not at risk over and above anyone else. Arresting criminals carries risk, in public interest not to impose duty - might deter police from removing DD from street. Risk to passers-by outweighed by risk to society as whole.

Question 6

Police and member of the public

Swinney v Chief Constable of Northumbria (informer)

Answer 6

• Facts? C was pub landlady who provided police with information regarding suspect involved in death of police officer. Made it condition she remained anonymous. Police file was stolen, reached criminal. She was harassed, gave up job.
• Principle? Informers have special relationship with police, different from members of the public. Sufficient proximity. Unlike Hill, known to police who might be harmed as result of their negligence.