Jurisdiction(s):
United Kingdom

UKSC in Tindall clarifies police negligence: scope of ‘making matters worse’ and recognises interference principle; no duty on the facts; claim struck out

Published on: 23 October 2024

Published by a LexisNexis Dispute Resolution expert

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Article summary

Tindall and another v Chief Constable of Thames Valley Police [2024] UKSC 33

Background

For the purposes of the appeal, the facts are taken as follows. On 4 March 2014, Mr Kendall’s car hit a stretch of black ice on the A413, causing a skid, loss of control and a rollover into a ditch. After placing an emergency call, and worried about the road’s condition, he stood at the roadside, signalling approaching drivers to slow. Roughly twenty minutes later, police officers arrived. They began removing accident debris and erected a ‘Police Slow’ sign. Having warned the officers about the hazardous state of the carriageway, Mr Kendall then went to hospital to be treated for injuries that were not life‑threatening. It is said that, had the police not appeared, he would have continued trying to warn other road users of the risk. Once the debris had been cleared, and after Mr Kendall had left for hospital, the officers took down the ‘Police Slow’ sign and departed, leaving the road exactly as it had been before...

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