0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Waters v Commissioner of Police Metropolis, House of Lords

7 August 2000
The issues

The issue is whether a statement of claim by a Policewoman alleging that the Defendant had been negligent in failing for event of victimisation by fellow Officers raised in arguable case which should not have been struck out.

The facts

The Claimant had joined the met in 1987. In February 1998 whilst in Police residential accommodation she had been sexually assaulted by a fellow Officer. She alleged that the Defendant was to be treated as her employer and that in breach of his duty he had failed to deal properly with her complaint and had caused or permitted Officers to maliciously criticise, harass, victimise, threaten, assault and otherwise oppress her. Alternatively she alleged that the Defendant was precariously liable for the Officer’s act.

The decision

On the authorities it could not be said that it was plain and obvious that no issue of care could exist.

The Court of Appeal had decided against the Claimant on the basis that there were public policy reasons to why the claim should not be entertained and had followed Hill v Chief Constable of West Yorkshire in finding that a duty of care was precluded in these circumstances. However, that case was conclusive. Failure to investigate the assault alone would not constitute a viable cause of action but her complaints went much wider and she was not in any event suing as a member of the public.

focus on...

Legal updates

Non-payment of insurance premiums during the Coronavirus pandemic

The forced closure of many businesses as a result of the Coronavirus pandemic has had a huge impact on the nation’s Gross Domestic Product (GDP). Recent reports from the Office for National Statistics state that the economy was 25% smaller in April than it was in February this year.


Legal updates

Reinstatement for property damage losses – when does it apply?

The Court of Appeal has recently considered the correct test for measuring the indemnity for property damage losses and has provided useful guidance on whether an insured needs to intend to reinstate the property to its pre-loss condition.


Legal updates

Coronavirus (COVID-19) insurance considerations

With instances of COVID-19 rapidly increasing throughout the UK, many businesses are considering the options available to limit staff and customer exposure to Coronavirus.


Legal updates

Insurance annual review 2019-2020

Welcome to our review of 2019 as we look ahead to what is on the horizon for the insurance sector in 2020.


The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up

Select which mailings you would like to receive from us.

Sign up