O'Dwyer v Chief Constable of the Royal Ulster Constabulary
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1997 |
| Date | 01 January 1997 |
| Court | Court of Appeal (Northern Ireland) |
- Statement of claim - Jurisdiction - No reasonable cause of action - Power to strike out exercisable only in clear and obvious case -Action for negligence against chief constable in respect of fatal injuries inflicted by serving police constable - Acts not committed in course of employment - Plaintiffs claiming that defendant acted or omitted to act while knowing that police constable was intoxicated and in deranged state, had access to a firearm and thereby a danger to himself and others having a Republican connection - Whether chief constable owing duty of care to persons present in Sinn Fein office -Whether claim that such duty of care existed arguable - Whether plaintiffs' claim should be struck out as disclosing no reasonable cause of action - Rules of the Supreme Court (Northern Ireland), 1980, O. 18, r. 19 (1)(a).
On 4 February, 1992, M., a serving police constable, entered the Sinn Fein Centre in Falls Road, Belfast, carrying a shotgun. He fired a number of close-range shots, which inflicted fatal injuries on O'D. and L. (of whom the first and second plaintiffs were the personal representatives) and wounded the third and fourth plaintiffs. Later the same day he killed himself by a shot from the same shotgun. The plaintiffs each commenced proceedings against the chief constable of the Royal Ulster Constabulary, claiming damages on the ground that police officers were negligent in failing to take steps to restrain M. and prevent him from carrying out the shooting. The particulars of negligence pleaded by the plaintiffs included the claim that the defendant had acted or omitted to act when it was known that M. was intoxicated, in a deranged state of mind, would if released from police detention have access to a shotgun and ammunition, and was likely to make use of such firearm and was thereby a danger to both himself and to others who had a Republican connection or whom he might have perceived to have such a connection by reason of for instance their presence in the offices of Sinn Fein. The defendant applied in each action under R.S.C. (N.I.), 1980, Ord. 18, r. 19(1)(a) for an order striking out the writ of summons and statement of claim, on the ground that it disclosed no reasonable cause of action. The master made orders' striking out the writ and statement of claim in each action. His decision was affirmed on appeal to Pringle J. who held that it could not be said...
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