ABSTRACT
This short note summarises and criticises two recent English Court of Appeal cases on liability for omissions in negligence: Tindall v Chief Constable of Thames Valley Police [2022] EWCA Civ 25 and HXA v Surrey CC, YXA v Wolverhampton CC [2022] EWCA Civ 1196. Both cases show how the English Court of Appeal is still struggling to apply this area of law correctly almost eight years after the seminal decision of the UK Supreme Court in Michael v Chief Constable of South Wales [2015] AC 1732.
McBride, Nicholas, Two Recent Cases on Liability for Omissions in Negligence (September 28, 2022), University of Cambridge Faculty of Law Research Paper No 6/2023.
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