1.Debbie and her husband Eric have been separated for six months and are in the process of going through an acrimonious divorce. Eric is seeking sole custody of their two children, Freda and George, on the basis that, in his view, Debbie is an unfit mother. She has also previously been cautioned by the police for an act of domestic violence against Eric.

Over the course of the marital separation, Freda and George continue to reside in the family home with Eric. As the date for the custody hearing approaches, Debbie decides to return to the home and confront Eric. When she arrives, Debbie threatens to kill Eric by running him over in her car. Eric reports this incident to the police. The case is assigned to PC Bloggs, who assesses it as a low priority. He speaks to Debbie on the phone and is reassured by her that her threat was not serious.

One week after her telephone conversation with PC Bloggs, Debbie gets very drunk and decides to set fire to her former marital home. She drives to the house and puts a petrol-soaked rag, followed by a lit match, through the letterbox. The fire quickly takes hold and soon spreads through the house. Eric, Freda and George are asleep inside at the time, but they are soon awoken by the noise of their fire alarms going off. Eric immediately dials 999 and asks for the fire and ambulance services to attend as a matter of urgency.

By the time the fire service arrives, a number of neighbours have gathered below the window of the upstairs room in which Eric and the children have taken refuge. They are holding a sheet and shouting at Eric and the children to jump into it one at a time. Upon arrival, Mike, the fire officer in charge, tells the neighbours to go back to their homes and shouts at Eric and the children to remain where they are. Unfortunately, due to some faulty equipment, it takes longer than expected for the fire crew to extinguish the fire and rescue the three victims. By this point, all three have suffered serious burns and smoke inhalation.

The ambulance does not arrive for a further 45 minutes, owing to the fact that it is being driven by Owen a newly qualified paramedic who is unfamiliar with the local roads and who ends up getting lost en route. By the time Owen and his colleague Paula are able to start providing medical assistance, Eric has unfortunately died from his injuries.

Advise the parties involved as to their potential rights and liabilities in tort.