Duty of care

What is the idea of a duty of care

To establish a legal relationship between the parties. The Claimant must demonstrate that the defendant owed them a duty of care.

How can a duty of care be established

1. The ‘Robinson approach’ - applying existing precedent or a statutory obligation

2. The ‘Caparo test’ - where no previous precedent exists

What did ‘Robinson v CC West Yorkshire Police’ set out?

Supreme Court emphasised that a judge should first look to existing precedent (or a statutory obligation) when deciding whether a duty of care exists.

What may happen in novel situations, where there is no previous statute or precedent establishing a duty of care

Judges may refer to the 3-part Caparo test for guidance in determining new duty situations.