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Table of contents

• What are the practical implications of this case?
• What was the background?
• Woodcock
• CJ and others
• What did the court decide?
• Liability in negligence
• Liability under Article 3
• Case details

Article summary

PI & Clinical Negligence analysis: In this conjoined appeal, the Court of Appeal considered whether the police held a duty of care to protect Ms Woodcock and CJ from harm caused by a third party; and whether the police’s investigative duty, pursuant to Article 3 of the European Convention of Human Rights, can arise before the claimant has suffered ill treatment at the hands of a third party. This decision represents the first occasion upon which the Court of Appeal has been asked to apply the Supreme Court’s decision in Tindall v Chief Constable of Thames Valley Police and has provided some important points of practical application to practitioners in this area. Written by Jennie Oborne, barrister at Deka Chambers.