Sutcliffe v Chief Constable of West Yorkshire
| Jurisdiction | England & Wales |
| Judgment Date | 05 June 1995 |
| Date | 05 June 1995 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Police - bailees of vehicle - liability for vandal damage
The police when acting as bailees were not to be held liable for damage caused by vandals to a motor vehicle held by them in a secure yard under Police and Criminal Evidence Act 1984 powers.
The Court of Appeal (Lord Justice Nourse, Lord Justice Waite and Lord Justice Otton) so held on May 19 when allowing an appeal by the Chief Constable of West Yorkshire from Judge Walker in Halifax County Court who in May 1994 had held him liable for damage caused by an arson attack on a Ford motor car belonging to the plaintiff, Richard Andrew Sutcliffe.
LORD JUSTICE OTTON said that the vehicle, lacking vital mechanical parts and having a window missing, was in an enclosed yard, overlooked by the police station, which was well lit and constantly attended by officers.
The gates were kept open but the system of security was such as to make it almost impossible for anyone to enter without being seen.
Unknown vandals had shown...
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