A Novel Development of Tort Law: Robinson v Chief Constable of West Yorkshire Police

Torts Law Journal (Forthcoming)

Posted: 24 Feb 2019

See all articles by Kenny Chng

Kenny Chng

Singapore Management University

Gary K. Y. Chan

Singapore Management University - School of Law; Singapore Management University - Centre for AI & Data Governance

Yihan Goh

Singapore Management University - School of Law; Singapore Management University - Centre for AI & Data Governance

Date Written: January 26, 2019

Abstract

This note evaluates the impact of the UK Supreme Court decision in Robinson v Chief Constable of West Yorkshire Police on tort law. It suggests that while the Supreme Court clarified that the tripartite test to determine the existence of a duty of care in negligence laid out in Caparo Industries plc v Dickman applied only to ‘novel’ cases, there is no principled ground why a single test cannot be utilised for both established categories and novel cases. The note also argues that the decision has important implications for the act-omission distinction in police cases, and more broadly, the distinction between principle and policy and the relationship between tort and public law.

Suggested Citation

Chng, Kenny and Chan, Gary Kok Yew and Goh, Yihan, A Novel Development of Tort Law: Robinson v Chief Constable of West Yorkshire Police (January 26, 2019). Torts Law Journal (Forthcoming), Available at SSRN: https://ssrn.com/abstract=3323149

Kenny Chng (Contact Author)

Singapore Management University ( email )

Li Ka Shing Library
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Singapore 178901, 178899
Singapore

Gary Kok Yew Chan

Singapore Management University - School of Law ( email )

55, Armenian Street
Level 5
Singapore, 179943
Singapore
+65 6828 0712 (Phone)
+65 6828 0805 (Fax)

HOME PAGE: http://www.law.smu.edu.sg

Singapore Management University - Centre for AI & Data Governance ( email )

55 Armenian Street
Singapore
Singapore

Yihan Goh

Singapore Management University - School of Law ( email )

55 Armenian Street
Singapore, 179943
Singapore

Singapore Management University - Centre for AI & Data Governance ( email )

55 Armenian Street
Singapore
Singapore

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