Assumptions of Irresponsibility: Liability for Omissions following Tindall v Chief Constable of Thames Valley
| Pages | 147-152 |
| Date | 01 October 2022 |
| Published date | 01 October 2022 |
| Author | Sam Pearce |
Assumptions of Irresponsibility
147
Cambridge Law Review (2022) Vol VII, Issue 2, 147–152
Assumptions of Irresponsibility: Liability for
Omissions following Tindall v Chief Constable
of Thames Valley
SAM PEARCE
ABSTRACT
This case commentary analyses the present state of negligence liability in English
tort law as set out in the recent case of Tindall v Chief Constable of Thames Valley.
1
Despite recent landmark decisions regarding acts and omissions, the boundaries
of the distinction between the two remain to be fully explored. Following the
decision in Tindall, it is suggested that a temporary conferral of a benefit must
always fall to be classified as an omission. It is then argued that, for a claimant to
establish that a defendant has assumed a responsibility to them, first it must be
shown that the defendant has a relationship with the claimant that is sufficiently
distinguishable from the general public. It is the lack of such a relationship that
prevented the claimant in Tindall from successfully arguing that the police had
assumed a responsibility to all road users. This commentary concludes that Tindall
further elucidates key duty of care principles under the law of negligence, whilst
also highlighting important questions that will require clarification from the courts
in the future.
Keywords: negligence; duty of care; omissions; assumption of responsibility; public authorities
I. FACTS
After Robinson v Chief Constable of West Yorkshire
2
, the position on when a public
authority will owe a duty of care to an individual is no longer in flux. Settling a
long line of conflicting case law, Lord R eed held, at [32], that “at common law,
Student in BA (Hons) Law, University of Cambridge. I am grateful to the anonymous reviewers for their
comments on earlier drafts. Any remaining errors are my own.
1
Tindall v Chief Constable of Thames Valley [2022] EWCA Civ 25 [2022] PIQR P10.
2
Robinson v Chief Constable of West Yorkshire [2018] UKSC 4, [2018] AC 736.
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