Ancell v McDermott
| Jurisdiction | England & Wales |
| Judgment Date | 29 January 1993 |
| Date | 29 January 1993 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Justice Nourse, Lord Justice Beldam and Sir John Megaw
Negligence - duty of care - traffic police - road hazard - no duty to warn
The police when carrying out traffic duties did not owe a duty of care to give warnings so as to protect road users from hazards of which the police officers had become aware but which were not created by them and for which they were not responsible.
The Court of Appeal so held in allowing appeals by the Chief Constables of Hertfordshire and Bedfordshire from a judgment of Mr Justice Garland in January 1991 whereby he had refused to strike out an action against them by the plaintiffs, Lawrence Ancell, in his personal capacity and also as administrator of the estate of Dawn Ancell, and Katie Ancell, for disclosing no reasonable cause of action.
Mr Bernard Livesey, QC and Mr Jeremy Stuart-Smith for the chief constables; Mr Piers Ashworth, QC and Mr Jonathan Harvey for the plaintiffs; the first defendant, Michael McDermott, and the fourth defendants, Alpha Bulk Liquids Ltd, did not appear and were not represented.
LORD JUSTICE BELDAM said that the proceedings arose from a fatal traffic accident in the early hours of August 17, 1988. For the purposes of the appeal it had to be taken as having occurred in the circumstances set out.
Aluminium tubing fell from the fourth defendants' bulk carrier on to the road at a roundabout at Airport Way, Luton. The first defendant, driving his car along that road, failed to see the obstruction and ran over it rupturing his fuel tank leaving a trail of diesel fuel on the road.
Minutes later police from the Hertfordshire Constabulary noticed the fuel on the road and followed the trail until they came to the first defendant's car.
Those police officers notified Bedfordshire police of the hazard but did not themselves return to the roundabout.
Shortly after a police officer of the Bedfordshire force drove past the spillage, noticed the fuel on the road, reported the matter to the highways department and then continued on his police duties.
Minutes later the first plaintiff's wife, driving her car, skidded on the fuel, lost control and collided with a lorry. She died from the injuries she sustained in the accident and the first and second plaintiffs, who were passengers in the car, were injured.
Additional to their claims against the first and fourth defendants, the...
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