DOC evaluations

• Establishing what actually is a DOC

  initially, using the 'neigbour principle' in Donoghue v Stevenson

  too wide, Lord Reid highlighted vague nature in Home Office v Dorset Yacht

  restrict to protect emergency services

  Anns v Merton London Borough Council - two-stage test

  Caparo 3 part test, uncertainty and complexity (Robinson v Chief Constable)
• Difficulty in Deciding Proximity

  difficult to define when it ends

  harsh, not enough aftermath (Bourhill v Young)

  seeing family member is enough (Mcloughlin v O'Brien)

  harsh incident on tele (Alcock v Chief Constable of South Yorkshire)

  decision for judges, flexible to be open to abuse
• Special Protection for Police and Emergency Services

  gives unelected judges a lot of power to decide who owes a DOC, favour police

  questioned in European Court of Human Rights (Osman v UK)

  'assumed responsibility' (MPC v Reeves)

  C.A - would open floodgates to all potential claimants (Hill v West Yorkshire Police)
• Cost of Bringing and Losing a Case

  cost of losing can put people out of business (Smith v Eric Bush)

  prove - medical reports, experts report

  can deter potential C's, impact on access to justice