The claimant in this case had approached the police and was reassured that her identity would be kept confidential.

written consent (Swinney v Chief Constable of Northumbria). Swinney v Chief Constable of Northumbria Police [1996] Court of Appeal – 1st plaintiff supplied information to a police officer as to the ID of the driver of a vehicle which had … These were two linked cases. However, the plaintiff's details were left in a police car, which was stolen. In Brooks v. Commissioner of Police of the Metropolis [2005] Negligence—Duty of care to whom?—Police—Information identifying criminal given to police officer in confidence—Informant's identity recorded in document—Theft of document from unattended police

The court came to the conclusion that the case fell squarely within the principle established in Hill v Chief Constable of West Yorkshire [1988] (i.e. there was insufficient proximity between the police and the victim). ⇒ Note, however, Lord Brown said a claim under the Human Rights Act here is "irresistable". Swinney v Chief Constable of Northumbria Police (1996) Tetley v Chitty (1984) Topp v London County Bus (SW) Ltd (1993) TP and KM v UK (2001) Vowles v Evans (2002) W v Edgell (1990) W v Essex CC ( 1998) CA, (200 1) HL Walker v Derbyshire CC (1994) Walsh v Gwynedd HA (1998)
Mr & Mrs Swinney were managers of a pub. They came across information relating to the identity of a person responsible for the unlawful killing of a police officer. They passed this information on to DC Dew who recorded the information. The document containing this information was later stolen from an unattended police car. Van Colle v Chief Constable of Hertfordshire [2008] UKHL 50. Swinney v Chief Constable of Northumbria Police Force [1997] QB 464. 464, 487. “Thus, in Welsh v Chief Constable of the Merseyside Police and Swinney v Chief Constable of the Northumbria Police it was held that where the prosecution or police service had given an undertaking to take some action, it could owe an affirmative duty to take reasonable care to honour the undertaking. In Van Colle, a threat was made by a man known in the case as Daniel Brougham against Giles Van Colle and culminated in the murder of Mr Van Colle by Mr Brougham. An example of this was Swinney v Chief Constable of Northumbria. In A duty of care for the actions of a third party may arise if the claimant and defendant have a relationship of proximity from a contract between the parties Stansbie v Troman[7] or by things said and done by the parties such as in Swinney v Chief Constable of Northumbria Police[8]. C Legislation. In Swinney v. Chief Constable of Northumbria [1996] 3 All ER 449, the first plaintiff gave information to the police about the identity of a person implicated in the unlawful killing of a police officer. Swinney v Chief Constable of Northumbria Police [1997] QB 464.

An example in the policing context is Swinney v Chief Constable of Northumbria [1997] QB 464 – the police entered into a special relationship with an informer whom they undertook to keep safe in exchange for information. Wilson v Ferguson [2015] WASC 15. The police however failed to do this. (Hirst LJ in Swinney v Chief Constable of Northumbria Police [1997]: [464]) The underlying policy consideration was that the public must feel safe in the knowledge that, should they do their civic duty in this way, the police will protect them. LORD JUSTICE HIRST: This is an appeal by the Defendant, the Chief Constable of the Northumbria Police Force, from the order of Laws J dated 24 January 1995, whereby he ordered that the appeal of the Plaintiffs, Mary Kathleen Swinney and James John Swinney, against the order of Mr. District Judge Lancaster striking out the Plaintiffs’ claim, be allowed.

Generally the police do not owe a duty of care to individuals as their duty of care lies for the general public as a whole. The Police owe a dutyof care to informants. See Swinney v Chief Constable of Northumbria Police (1997) QB 464 and Osman v United Kingdom (1999) 1 FLR 193. Why did the court feel that it was fair, just and reasonable to impose a duty in the case of Swinney v Chief Constable of Northumbria (no.1) (1997)? affected by fear of a potential negligence claim. In-text: (swinney v chief constable of northumbria police, [1988]) Your Bibliography: swinney v chief constable of northumbria police [1988] 1049 2 (HL). Phil Scranton, ‘Policing with Contempt: The Degrading of Truth and Denial of Justice in the Aftermath of the Hillsborough Disaster’ …

Van Colle v Chief Constable of Hertfordshire Police [2008] Facts. CHIEF CONSTABLE OF HERTFORDSHIRE POLICE V VAN COLLE [2008] UKHL 50. There were public policy considerations supporting the assumption of a duty of care in favour of an informer, which were capable of excluding the principle in Hill in appropriate circumstances, Swinney v Chief Constable of Northumbria (No.1) [1997] Q.B. 2) (1999) Times, 25 May). Swinney v Chief Constable of Northumbria Police Force [1997] Q.B.

foreseeable P harmed if her identity revealed / sufficient proximity ( D assumed responsibility ) / distinguished from Hill immunity: P highlighted as potential V / policy: desirable encourage informants & provide sufficient protection (Swinney v Chief Constable of Northumbria [1997])

The claimant was a pub landlady who had provided the policewith information concerning a suspect involved in the death of a policeofficer.

There was a danger that an over ready application of the Hill principle might be to deprive meritorious claimant’s of a remedy. On the facts of this case, C was accepted as a CHIS by the police and fulfilled his obligations to …

Swinney and Another v Chief Constable of Northumbria: CA 22 Mar 1996 The plaintiff, a woman and her husband, had passed on information in confidence to the police about the identity of a person implicated in the killing of a police officer, expressing her concern that she did not want the source of the information to be traced back to her. 206] B 1996 March 21, 22 Hirst, Peter Gibson and Ward L.JJ.

She gave the information in confidence and asked that any contact with her should be made in confidence by telephone because she did not want the information traced back to her. other persons1 (Swinney v Chief Constable of Northumbria (1999) 11 Admin L.R. Swinney v Chief Constable of the Northumbria Police,6 where a police officer gave an express undertaking to an informer to keep her involvement in a murder investigation confidential, which the Court of Appeal viewed as arguably giving rise to a special relationship to … Court case

Swinney v Chief Constable of Northumbria [1997] QB 464 Facts: The plaintiff gave the Police information which helped to identify a driver who had killed a police officer. I help students navigate the complexities of studying law and becoming a lawyer! Main arguments in this case: In some circumstances it is possible that the police owe a duty of care to certain individuals. Lucas Leite Coyote Half Guard Download Torrent Free Twitter Site.

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This was the case in Swinney v Chief Constable of Northumbria. She had made it an absolute condition that she The defendant, the Police, assured the plaintiff that her identity would be kept confidential. Swinney v Chief Constable of Northumbria (1996) 66 Thorpe Nominees v Henderson & Lahey (1988) 92 Topp V London Country Buses (SW) Ltd (1993) 63 Towart v Adler (1989) 45,49 Turner V Snider (1906) 12 W V Essex County Council (1998) 96,97 Walmsley v Humenick (1954) 15,80 See also Osman v Cubillo v Commonwealth [2001] FCA 1213, 31 Aug 2001 (BC 200105126). the police did not have 'blanket immunity'. Swinney v Chief Constable of Northumbria [1996] 3 All ER 449, CA PP were the tenants of a public house, and gave information to the police DD helping identify the driver X of a vehicle which had killed a police officer.

Mr & Mrs Swinney were managers of a pub. Proximity is here used in its narrow sense and not as an overall concept determining the duty of care.
The plaintiff, a woman and her husband, had passed on information in confidence to the police about the identity of a person implicated in the killing of a police officer, expressing her concern that she did not want the source of the information to .

Swinney v CC of Northumbria (1996) (CA) Details of the plaintiff police informant were stolen from an unattended police vehicle, who was then threatened with violence and … A principle of public policy that applies generally may be seen to operate harshly in some cases, when they are judged by ordinary delictual principles. Join the web’s most supportive community of creators and get high-quality tools for hosting, sharing, and streaming videos in gorgeous HD and 4K with no ads.

They came across information relating to the identity of a person responsible for the unlawful killing of a police officer. 811, in which the court considered the duty owed by the police to informers, to take reasonable care in preventing confidential information from being disclosed to the public. After her left his job, Van Colle left hid job and was pressured by his employer into not giving evidence about a crime he knew his employer had committed.

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