Private Law Theory

ABSTRACT
This article considers the UK Supreme Court decision in Michael v Chief Constable of South Wales Police. It explains the significance of the decision in terms of its affirmation of the principle that public authorities, in the case, the police, are subject to the same duties of care as private individuals in the tort of negligence. While offering some support for this ‘equality principle’, the article questions whether the principle is justifiably applied so as to restrict public authorities’ liability to that of private individuals.

Sandy Steel, Public Authority Liability for Careless Failure to Protect from Harm, Journal of Tort Law, volume 16, issue 2. Published by De Gruyter 8 January 2024.