header-logo header-logo

27 November 2015 / Karen O’Sullivan
Issue: 7678 / Categories: Features
printer mail-detail

Sound the alarm

nlj_7678_osullivan

Considering the liability of emergency vehicles is a difficult balancing act for the courts, says Karen O’Sullivan

The Court of Appeal recently considered the issue of liability of emergency vehicles in the case of MacLeod v Commissioner for Metropolitan Police [2015] EWCA Civ 688, [2015] All ER (D) 98 (Jul). Although that case is not the most helpful, being an appeal against findings of facts (hence the appeal was, perhaps not surprisingly, dismissed), it does give us cause to remind ourselves of the law relating to emergency vehicles.

In considering liability, the courts have to perform a difficult balancing act. On one hand, those injured in collisions with emergency services should not be denied compensation, simply because the other vehicle was on an emergency call. On the other hand, if the courts are too liberal with the emergency services’ money, not only will the taxpayer have to foot the bill, but the drivers of such vehicles will be inhibited in their attempts to reach the scene of an emergency promptly.

Duty of care

The first guiding

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll