It is a House of Lords decision on negligence and marked the start of a rapid expansion in the scope of negligence in the United Kingdom by widening the circumstances in which a court was likely to find a duty of care. But I do not think it should prevail. None has claimed against the prison authorities. A preliminary issue was ordered to be tried on whether the officers or the Home Office owed a duty of care to the claimants (plaintiffs, before the Civil Procedure Rules of 1999) capable of giving rise to liability in damages. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. The seven trainees who escaped boarded a yacht and collided with another yacht, the property of the respondents, and damaged it. Dorset Yacht Co Ltd v Home Office, Q.B (CA 1969). We also have a number of sample law papers, each written to a specific grade, to illustrate the work delivered by our academic services. Robertson v Minister of Pensions [1949]. Seven of them escaped and stole a boat which collided with a Yacht owned by the claimant. Home Office v Dorset Yacht Co Ltd [1970] UKHL 2, [1970] AC 1004 is a leading case in English tort law. Looking for a flexible role? The document also included supporting commentary from author Craig Purshouse. Sports Clubs and Associations. Dorset Yacht Club v Home Office. Case summary last updated at 18/01/2020 18:39 by the Oxbridge Notes in-house law team. Registered Data Controller No: Z1821391. (2) Does public policy require that the supervisors of persons undergoing sentences of bostral training are immune from action and liability for the damages caused by such persons? (2) Public policy does not require that there should be immunity from action for bostral officers. The appeal by the Home Office was dismissed. VAT Registration No: 842417633. Summary The Home Office appealed Dorset's ability to bring a claim to the House of Lords. Dorset yacht Co v Home Office AC 1004 Trainees (young offenders) were sent, under the control of three officers, to an island on a training exercise. (1) Does the Home Office owe duty of care to private persons with respect to persons undergoing sentences of bostral training or the manner in which such persons were controlled while undergoing their sentences? D owed duty of care to … Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. The Royal Dorset Yacht Club. Take a look at some weird laws from around the world! On whom should the risk of negligence fall? ⇒ For example, in Home Office v Dorset Yacht Club [1970], the defendant was liable as they had a relationship of control over the third parties (young male offenders) who caused damage to a boat. Free resources to assist you with your legal studies! After all, we saw the House of Lords impose vicarious liability on the Home Office in the well-known prisoner escape case of Dorset Yacht Club v Home Office [1970] UKHL 2. The cottage can sleep 8 people in 1 king-size double, 1 double, 1 twin singles … Registered Office: 3 Forbury Place, Forbury Road, Reading, Berkshire, RG1 3YL. The owners of the yacht sued the Home Office in negligence for damages. Up till now it has fallen on the innocent victim. There are many local anchorages and safe havens; the Solent, West Country and Channel Islands are only a day sail away. I can see the force of this argument. The case is also relevant because … The Queen’s Bench held that the Home Office owed duty of care to the plaintiffs, which was capable of giving rise to liability in damages. Home Office v Dorset Yacht Co Ltd AC 1004 House of Lords Some young offenders were doing some supervised work on Brown Sea Island under the Borstal regime. It is not to be treated as if it were a statutory definition. This case marked the start of a judicial expansion of the scope of negligence by widening the circumstances when a court is likely to find a duty of care exists. The Royal Dorset Yacht Club lies in the heart of the Jurassic Coast, providing a spectacular sailing backdrop. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. Liability of the Crown in tort . Call Tel 01305 786258 . References: [1969] 2 QB 412, [1969] 2 WLR 1008, [1969] 2 All ER 564 Jurisdiction: England and Wales This case is cited by: Appeal from – Dorset Yacht Co Ltd v Home Office HL 6-May-1970 ([1970] AC 1004, [1970] 2 WLR 1140, [1970] 2 All ER 94, , [1970] UKHL 2) A yacht was damaged by boys who had escaped from the supervision of prison officers in a nearby Borstal institution. Is the Home Office escaped from the island at night with the plaintiffs ’ Yacht and damaged.... 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