Facts
- Prisoners escaped from a rehabilitation program on an island
- During their escape, they crashed into the claimant’s boat
- The defendant’s had failed to prevent the escape – an omission
Issue
- Could the claimants recover?
Decision
- Yes – recovery allowed
Reasoning
- As damage was done during the escape, it was foreseeable, further damage, such as when on land would not be
Citation
[1970] UKHL 2