Vellino v Chief Constable of Greater Manchester [2002] EWCA Civ 1249

Facts:

  • C was injured as a consequence of jumping from a second-floor window to escape custody of the police.
  • C sued D for damages, claiming that they had not taken reasonable care to prevent him from escaping.
  • Attempting to escape from lawful custody is a criminal offence.

 Ratio:

  • Appeal dismissed.
  • A police officer carrying out an arrest did not owe the person being arrested a duty of care to prevent him from injuring himself in a foreseeable attempt to escape from custody, an unlawful act.

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