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X v. Y, QBD, 30/7/10


Mother Did Not Owe Duty Of Care To Take Reasonable Steps To Keep Child Safe From Injury At Hands Of Father:Thirwall J held (per curiam) that it was not fair, just or reasonable to impose a duty of care on the defendant mother to take reasonable steps during the claimant's childhood to keep him reasonably safe from injury at the hands of his father. To discharge such duty in the instant case would have involved the breakup of the family unit and it was doubtful whether the imposition of such duty would improve the lives of children within the family home. Thirwall J held that it was undesirable for the civil court to judge, retrospectively, in the context of a civil claim for damages in negligence, the decisions of a mother as to how best secure the welfare of her children.


  • High Court (Queen's Bench Division)
  • Wednesday, 24 August 2011