Emergency services to the rescue, or not, again

Re-considers whether a duty of professional rescue by the emergency services might be recognised. The paper argues that the rejection of liability by the House of Lords in the cases of Van Colle v CC of Hertfordshire and Smith v CC of Sussex Police in 2008 is not dispositive. Nonetheless, it is clear that absent very special circumstances, the police have no common law duty to protect members of the public from attack, even though they have been warned in advance of the likelihood of that attack. No such ‘immunity’, however, can defeat a claim that the victim’s human rights have been violated.</p

State of fear: Britain's "compensation culture" reviewed

Assertions that Britain is (or is in danger of becoming) a 'blame and sue' society are nowadays so frequently repeated in the media and elsewhere that they have all but become received wisdom. Whether they express a dangerous reality or a passing moral panic deserves serious consideration because of their potential to influence legislative and judicial agendas. This article examines what is meant by the phrase 'compensation culture', evaluates the recent evidence concerning it, and attempts to assess whether the concerns expressed are justified.</p

Emergency services to the rescue?

Drawing on some recent appellate decisions, this article argues that in appropriate cases emergency service providers should be held to owe a duty of care to go to the aid of those they know to be at physical risk.</p