In Swinney v Chief Constable of Northumbria. Wilson v Ferguson [2015] WASC 15. 1 See Swinney v Chief Constable of Northumbria, (1999) 11 Admin. X v Bedfordshire CC [1995] 2 AC 633. Historical Institutional Abuse Inquiry (n 5) 32, 56. Swinney v Chief Constable of Northumbria (No. Bermingham, V. Brennan … Wainwright v Home Office [2004] 2 AC 406. Whether an informer who wishes to have his identity and activities in relation to civil proceedings he has brought against the police is precluded from doing so by public interest immunity. X v Bedfordshire County Council [1994] 4 All ER 602,[1994] 2 FCR 1313 20. These were two linked cases. Different considerations were apparent in Swinney v Chief Constable Of Northumbria Police (1996) in which it was held by the Court of Appeal that a duty did arise to take care for the safety of an informant who had provided the police with valuable information about a violent criminal. L.R. Mr Hinds' case is very far from cases such as Swinney v Chief Constable of Northumbria [1996] 3 WLR 968, Reeves v Commissioner of Police for the Metropolis [1999] 3 WLR 363, Sutcliffe v Chief Constable of West York...... Capital & Counties Plc v Hampshire … Swinney v Chief Constable of Northumbria (1996) 66 Thorpe Nominees v Henderson & Lahey (1988) 92 Topp V London Country Buses (SW) Ltd (1993) 63 Towart v Adler (1989) 45,49 Turner V Snider (1906) 12 W V Essex County Council (1998) 96,97 Walmsley v Humenick (1954) 15,80 Establishing a novel duty of care is of great excitement for negligence lawyers, but a hollow victory for claimants who then fail to prove that it was breached (such as Swinney v Chief Constable of Northumbria (No. In Van Colle, a threat was made by a man known in the case as Daniel Brougham against Giles Van Colle and culminated in the murder of Mr Van Colle by Mr Brougham. However, the plaintiff's details were left in a police car, which was stolen. Warman International Ltd v Dwyer (1995) 182 CLR 544. C Legislation. Swinney & Anor v Chief Constable of Northumbria Police Force [1996] EWCA Civ 1322 (22 March 1996) February 26, 2020 Ward v Newalls Insulation Company Ltd & Anor [1998] EWCA Civ 287 (19 February 1998) February 29, 2020 British Broadcasting Corporation v Kelly-Phillips [1998] EWCA Civ 662 (8 April 1998) February 29, 2020 1 See Swinney v Chief Constable of Northumbria, (1999) 11 Admin. After her left his job, Van Colle left hid job and was pressured by his employer into not giving evidence about a crime he knew his employer had committed. See also Osman v Negligence—Duty of care to whom?—Police—Information identifying criminal given to police officer in confidence—Informant's identity recorded in document—Theft of document from unattended police As Ward LJ said inSwinney v Chief Constable of Northumbria Police Force[1997] QB 464, 487, the greater public good outweighs any individual hardship. Swinney v Chief Constable of the Northumbria Police,6 where a police officer gave an express undertaking to an informer to keep her involvement in a murder investigation confidential, which the Court of Appeal viewed as arguably giving rise to a special relationship to … Practice and Procedure. 52 52. CHIEF CONSTABLE OF NORTHUMBRIA POLICE FORCE [1994 S. No. See also Osman v SHARE. Swinney v Chief Constable of Northumbria Police Force [1997] QB 464 Court of Appeal Mr & Mrs Swinney were managers of a pub. They came across information relating to the identity of a person responsible for the unlawful killing of a police officer. They passed this information on to DC Dew who recorded the information. The claimant was a pub landlady who had provided the policewith information concerning a suspect involved in the death of a policeofficer. She gave the information in confidence and asked that any contact with her should be made in confidence by telephone because she did not want the information traced back to her. The police however failed to do this. Swinney v Chief Constable of Northumbria The police failed to protect the claimant after she had given evidence about a criminal to them and as a result, she suffered … Swinney and Another v Chief Constable of Northumbria: CA 22 Mar 1996 The plaintiff, a woman and her husband, had passed on information in confidence to the police about the identity of a person implicated in the killing of a police officer, expressing her concern that she did not want the source of the information to be traced back to her. She had made it an absolute condition that she SWINNEY AN ANOTHED VR. LORD JUSTICE HIRST: This is an appeal by the Defendant, the Chief Constable of the Northumbria Police Force, from the order of Laws J dated 24 January 1995, whereby he ordered that the appeal of the Plaintiffs, Mary Kathleen Swinney and James John Swinney, against the order of Mr. District Judge Lancaster striking out the Plaintiffs' claim, be allowed. The claimant in this case had approached the police and was reassured that her identity would be kept confidential. They came across information relating to the identity of a person responsible for the unlawful killing of a police officer. An example in the policing context is Swinney v Chief Constable of Northumbria [1997] QB 464 – the police entered into a special relationship with an informer whom they undertook to keep safe in exchange for information. Swinney and Another v Chief Constable of Northumbria Police (No 2) (1999) The Times (May) 25 QBD Mr & Mrs Swinney passed on information in confidence to the police about the identity of a person implicated in the killing of a police officer, expressing her concern that she did not want the source of the information to be traced back to her. written consent (Swinney v Chief Constable of Northumbria). LORD JUSTICE HIRST: This is an appeal by the Defendant, the Chief Constable of the Northumbria Police Force, from the order of Laws J dated 24 January 1995, whereby he ordered that the appeal of the Plaintiffs, Mary Kathleen Swinney and James John Swinney, against the order of Mr. District Judge Lancaster striking out the Plaintiffs’ claim, be allowed. The book explores and explains the relationship between law and ethics in the context of medically related research in order to provide a practical guide to understanding for members of research ethics committees (RECs), professionals involved with medical research and … Swinney v Chief Constable of Northumbria Police [1997] QB 464. In Brooks v. Commissioner of Police of the Metropolis [2005] Cubillo v Commonwealth [2001] FCA 1213, 31 Aug 2001 (BC 200105126). Mr & Mrs Swinney were managers of a pub. Swinney V Chief Constable of Northumbria Police Force [1997] A duty is owed to protect information which, if leaked or disclosed, could cause psychiatric injury to C. Spartan Steel v Martin [1972] Van Colle v Chief Constable of Hertfordshire Police [2008] Facts. (1990) 2 AC 605 at 633. The plaintiff, a woman and her husband, had passed on information in confidence to the police about the identity of a person implicated in the killing of a police officer, expressing her concern that she did not want the source of the information to . 150-478; cf Hill v Chief Constable of West Yorkshire On a trial of the facts, no breach of duty was found: Swinney v Chief Constable of Northumbria Police. FACTS:-. affected by fear of a potential negligence claim. Lucas Leite Coyote Half Guard Download Torrent Free Twitter Site. The court came to the conclusion that the case fell squarely within the principle established in Hill v Chief Constable of West Yorkshire [1988] (i.e. there was insufficient proximity between the police and the victim). ⇒ Note, however, Lord Brown said a claim under the Human Rights Act here is "irresistable". 54 54. The defendant, the Police, assured the plaintiff that her identity would be kept confidential. Swinney v Chief Constable of Northumbria Police (1996) Tetley v Chitty (1984) Topp v London County Bus (SW) Ltd (1993) TP and KM v UK (2001) Vowles v Evans (2002) W v Edgell (1990) W v Essex CC ( 1998) CA, (200 1) HL Walker v Derbyshire CC (1994) Walsh v Gwynedd HA (1998) the police did not have 'blanket immunity'. A principle of public policy that applies generally may be seen to operate harshly in some cases, when they are judged by ordinary delictual principles. The The employer made death threats to Van Colle, which were reported to the police if Van Colle were to give evidence against him. 2), The Times,25 May 1999. written consent (Swinney v Chief Constable of Northumbria). The claim was struck out by the district judge. The Swinneys’ appeal was allowed by Laws J. The police appealed to the Court of Appeal contending the facts did not give rise to a duty of care. 53 53. 811, in which the court considered the duty owed by the police to informers, to take reasonable care in preventing confidential information from being disclosed to the public. L.R. . 30 Swinney v Chief Constable of Northumbria Police Force [1997] QB 464; Leach v Chief Constable of Gloucestershire Constabulary [1999] 1 All ER 215; Morgan v Tame (2000) 49 NSWLR 20; McNern v Metropolitan Police Commissioner (unreported, CA Eng, 24 May 2000). (Hirst LJ in Swinney v Chief Constable of Northumbria Police [1997]: [464]) The underlying policy consideration was that the public must feel safe in the knowledge that, should they do their civic duty in this way, the police will protect them. In-text: (swinney v chief constable of northumbria police, [1988]) Your Bibliography: swinney v chief constable of northumbria police [1988] 1049 2 (HL). For example, in Swinney v. Chief Constable of Northumbria [1997] Q.B. other persons1 (Swinney v Chief Constable of Northumbria (1999) 11 Admin L.R. Wilkinson v Downton (1897) 2 QB 57. 146 Swinney v Chief Constable of Northumbria [1997] QB 464, 484 (per Hirst LJ), 487 (per Ward LJ); An Informer v A Chief Constable [2012] EWCA Civ 197 at [103], [114] (per Arden LJ), at [180] (per Pill LJ). Cited – Swinney and Another v Chief Constable of Northumbria CA 22-Mar-1996. Swinney v Chief Constable of Northumbria [1997] QB 464 Facts: The plaintiff gave the Police information which helped to identify a driver who had killed a police officer. LEARN THE PRESCRIPTION THAT WILL ALLOW YOU TO DOMINATE AT THE LOWER BELTS. The Weird Techniques World Champion Lucas Leite Uses So Well That He Intentionally Chooses Opponents 30-40 Lbs Heavier. Z v United Kingdom (Application 29392/95) [2001] 2 FCR 246 Other Sources: 1. Swinney v Chief Constable of Northumbria Police Force [1997] Q.B. I help students navigate the complexities of studying law and becoming a lawyer! Swinney v Chief Constable of Northumbria [1996] 3 All ER 449, CA PP were the tenants of a public house, and gave information to the police DD helping identify the driver X of a vehicle which had killed a police officer. Z v UK (2002) (Application No 29392/95) Subscribe on YouTube. foreseeable P harmed if her identity revealed / sufficient proximity ( D assumed responsibility ) / distinguished from Hill immunity: P highlighted as potential V / policy: desirable encourage informants & provide sufficient protection (Swinney v Chief Constable of Northumbria [1997]) There were public policy considerations supporting the assumption of a duty of care in favour of an informer, which were capable of excluding the principle in Hill in appropriate circumstances, Swinney v Chief Constable of Northumbria (No.1) [1997] Q.B. DAVID JAMES SAVAGE V CHIEF CONSTABLE OF HAMPSHIRE (1997) PUBLISHED February 6, 1997. Mr & Mrs Swinney were managers of a pub. They came across information relating to the identity of a person responsible for the unlawful killing of a police officer. They passed this information on to DC Dew who recorded the information. The document containing this information was later stolen from an unattended police car. Proximity is here used in its narrow sense and not as an overall concept determining the duty of care. In Swinney v. Chief Constable of Northumbria [1996] 3 All ER 449, the first plaintiff gave information to the police about the identity of a person implicated in the unlawful killing of a police officer. The case of Swinney v Chief Constable of the Northumbria Police , is a rather unusual one, as it involved a couple who were physically injured by a gang of criminals after the police to whom they had provided information relating to the gang’s criminal activities permitted their … 2) (1999) Times, 25 May). “Thus, in Welsh v Chief Constable of the Merseyside Police and Swinney v Chief Constable of the Northumbria Police it was held that where the prosecution or police service had given an undertaking to take some action, it could owe an affirmative duty to take reasonable care to honour the undertaking. Van Colle v Chief Constable of Hertfordshire [2008] UKHL 50. Court case On the facts of this case, C was accepted as a CHIS by the police and fulfilled his obligations to … They passed this information on to … Swinney v Chief Constable of Northumbria Police [1996] Court of Appeal – 1st plaintiff supplied information to a police officer as to the ID of the driver of a vehicle which had … Get the ad-free and most optimal, full-featured Sporcle experience. Join the web’s most supportive community of creators and get high-quality tools for hosting, sharing, and streaming videos in gorgeous HD and 4K with no ads. Swinney v CC of Northumbria (1996) (CA) Details of the plaintiff police informant were stolen from an unattended police vehicle, who was then threatened with violence and … Phil Scranton, ‘Policing with Contempt: The Degrading of Truth and Denial of Justice in the Aftermath of the Hillsborough Disaster’ … CHIEF CONSTABLE OF HERTFORDSHIRE POLICE V VAN COLLE [2008] UKHL 50. B) Are proceedings being considered under Grounds 2, 2A, 3 and 4 of Schedule 2 Housing Act 1985 as … By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. 206] B 1996 March 21, 22 Hirst, Peter Gibson and Ward L.JJ. 811, in which the court considered the duty owed by the police to informers, to take reasonable care in preventing confidential information from being disclosed to the public. This was the case in Swinney v Chief Constable of Northumbria. [[Swinney v Chief Constable of Northumbria Police [1997] QB 464 264]] [[Taff Vale Railway Co v Amalgamated Society of Raiways Servants [1901] AC … Why did the court feel that it was fair, just and reasonable to impose a duty in the case of Swinney v Chief Constable of Northumbria (no.1) (1997)? Generally the police do not owe a duty of care to individuals as their duty of care lies for the general public as a whole. The case of Swinney v Chief Constable of the Northumbria Police , is a rather unusual one, as it involved a couple who were physically injured by a gang of criminals after the police to whom they had provided information relating to the gang’s criminal activities permitted their … X v Y [1988] 2 All ER 648. The Police owe a dutyof care to informants. See Swinney v Chief Constable of Northumbria Police (1997) QB 464 and Osman v United Kingdom (1999) 1 FLR 193. Swinney v Chief Constable of Northumbria Police Force [1997] QB 464. c) Public Interest If informed consent has not been sought, or sought and withheld, the partner must consider if there is an overriding public interest of justification for the disclosure. 1 Donoghue v Stevenson [1932] A C 562 2 Kirsty Horsey & Erika Rackle, T ORT LA W (5th edition) 3 Hill v Chief Constable of W est Y orkshire [1988] 2 WLR 1049 464, 487. By the time the Human Rights Act came into force, the law of negligence did not bar actions against the police but recognised that it would be contrary to public policy to allow any to proceed which were not founded upon a high degree of proximity. The case of Swinney v Chief Constable of the Northumbria Police [28] , is a rather unusual one, as it involved a couple who were physically injured by a gang of criminals after the police to whom they had provided information relating to the gang’s criminal activities permitted their identities to fall into the gang’s hands. Swinney v Chief Constable of Northumbria Police Force [1997] QB 464 Court of Appeal. There was a danger that an over ready application of the Hill principle might be to deprive meritorious claimant’s of a remedy. 464 applied. on Swinney v Chief Constable of Northumbria Police (1999) Areas of applicable law: Tort law – Duty of care – Negligence – Psychiatric harm. Swinney v Chief Constable of Northumbria Police [1997] QB 464, [1996] 3 All ER 449 19. Police do not have ‘blanket immunity’. A duty of care for the actions of a third party may arise if the claimant and defendant have a relationship of proximity from a contract between the parties Stansbie v Troman[7] or by things said and done by the parties such as in Swinney v Chief Constable of Northumbria Police[8]. An example in the policing context is Swinney v Chief Constable of Northumbria [1997] QB 464 the police entered into a special relationship with an informer whom they undertook to keep safe in exchange for information. The information was given in confidence, but contained PP's name and address and (through alleged negligence on DD's part) came into X's … Main arguments in this case: In some circumstances it is possible that the police owe a duty of care to certain individuals. 464 the Court of Appeal held that the police arguably owed a duty of care to preserve the confidentiality of information provided to them about a violent criminal. An example of this was Swinney v Chief Constable of Northumbria. The case of Swinney v Chief Constable of the Northumbria Police , is a rather unusual one, as it involved a couple who were physically injured by a gang of criminals after the police to whom they had provided information relating to the gang's criminal activities permitted their identities to fall into the gang's hands. The claimant was a pub landlady who had provided the police with information concerning a suspect involved in the death of a police officer. 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