"The Law Is Not In A State Of Flux": The Court Of Appeal Clarifies When Public Authorities May Owe A Duty Of Care

• Published date: 16 February 2022
• Subject Matter: Litigation, Mediation & Arbitration, Transport, Rail, Road & Cycling, Trials & Appeals & Compensation, Personal Injury
• Law Firm: Gatehouse Chambers
• Author: Ms Charlotte Wilk

The very recent Court of Appeal decision in Tindall & Anor v Chief Constable of Thames Valley Police & Anor [2022] EWCA Civ 25 clarifies when public authorities may owe a duty of care. The key question was whether police officers who attended a road traffic accident caused by black ice owed a duty of care to make the road safe for subsequent motorists: it was held that no duty was owed.

Background and facts

The proceedings arose out of a fatal road traffic accident which occurred at 5:45am on 4 March 2014. The Claimant was the widow and administratrix of the estate of her late husband, Mr Malcolm Tindall. Mr Tindall was involved in a head-on collision with Mr Carl Bird whilst driving along the A413 between Wendover and Amersham. Mr Bird had been travelling in the opposite direction and skidded on black ice. Sadly, both men were killed.

One hour prior to the tragic fatal accident, there had been another accident, whereby a Mr Kendall's vehicle had skidded on the same stretch of black ice. His car had rolled over into a ditch, causing him to suffer injuries for which he was taken to hospital by ambulance. Coincidentally, Mr Kendall had worked as a road gritter and was familiar with the stretch of road. Before the arrival of the emergency services, Mr Kendall started to warn oncoming vehicles by signalling to them to slow down. The Chief Constable's police officers arrived and cleared debris from the road, and...