The defendant must have owed the victim a duty of care. This can be a duty under criminal law
Caparo v Dickman
There are rules to apply when deciding if there is a duty under negligence, as established.
Robinson v CC of West Yorkshire
If it is well established that a duty will be owed then there is no need to go through the three part test.
Bolam v Friern NHS Trust
The defendant is judged according to the standards of EITHER the reasonable person OR reasonably competent body of professionals / competent professional.
Nettleship v Weston
No allowances are made for inexperience.
Mullin v Richards
A child is judged according to the reasonable child of the same age.
Singh
The jury must be directed that ‘the circumstances must be such that a reasonable person would have foreseen a serious and obvious risk of death.
Litchfield
Where there is recklessness, this will provide a strong indication that there has been gross negligence.
