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Brooks v Commissioner of Police for the Metropolis [2005] 1 WLR 1495 House of Lords

Duwaine Brooks was present at the notorious racist killing of his friend Stephen Lawrence. Duwaine had also been subjected to abuse and attacks. He brought a claim against the Commissioner for the failure to provide him adequate protection, support and assistance which was generally afforded to victims of serious crimes. He suffered post traumatic stress disorder which he claimed was exacerbated by the treatment he received from the police. The Commissioner applied to have the case struck out on the grounds that there was no reasonable cause of action. The High Court granted the application holding that no duty of care arose. Brooks appealed to the Court of Appeal who allowed the appeal holding that a there was a sufficiently proximate relationship to impose a duty of care. The Commissioner appealed.


The appeal was allowed. The case of Hill v CC Yorkshire precluded the imposition of a duty of care.
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