Statutory liability of the police

The January 2009 issue of Insurance Law Monthly discussed the first instance decision of Mr Justice Walker in Bedfordshire Police Authority v Constable [2008] EWHC 1375 (Comm). The learned judge there decided that statutory strict liability imposed on the police by the Riot Damages Act 1886 fell within the scope of a public liability policy. Subsequently, in Yarl’s Wood Immigration Ltd v Bedfordshire Police Authority [2008] EWHC 2207 (Comm), Mr Justice Beatson ruled that in the circumstances there was no liability under the 1886 Act so that there was nothing for the policy to respond to. The issue of liability was nevertheless appealed to the Court of Appeal, Bedfordshire Police Authority v Constable [2009] EWCA Civ 64, presumably because there were outstanding costs issues involved, because one or other party wished to have the position authoritatively resolved or because of the prospects of an appeal against the decision of Beatson J. As will be seen, the Court of Appeal upheld Walker J’s view that the policy responded to any claim against the Police Authority under the 1886 Act.

The background

The Riot (Damages) Act 1886, a measure with an 800-year pedigree, is the modern embodiment of the mediaeval principle that a local authority responsible for maintaining law and order was liable to make good loss of property by robbery if the perpetrators could not be produced. The 1886 Act is of narrower ambit, and imposes upon a local police force strict liability to pay compensation for buildings and property damage caused by a riot within its area. The basis of the liability is the police force is required to prevent riots, and must pay if it fails to do so. The common law meaning of ‘riot’ was modified by the Public Order Act 1986, to an assembly of at least 12 persons.