Johnny and Roland had been in a civil partnership for the last three years. In December 2020, the couple adopt a daughter, named Twyla. From the beginning of their relationship, Johnny has been verbally abusive towards Roland, however, since the adoption of their daughter, Johnny started becoming physically abusive towards Roland. PC Mullens, with Elmdale Police, attended the flat three times on domestic abuse claims, but Johnny was only cautioned. In March of this year, after a particularly intense fight, Johnny said to Roland that he was leaving and that the next time he caught him alone, he'd kill him. The Elmdale Police were alerted to this incident, but no further action was taken.

Around this same time, Roland took Twyla to a nearby park. Whilst there, Twyla started struggling to breathe, wheezing, and becoming red in the face and neck. Roland rushes Twyla to Elmdale Hospital. When they reach the hospital, they are greeted by Alexis, the receptionist. On Twyla's triage notes, Alexis writes that she was 'short of breath (mild severity)' and they were instructed to take a seat as it could be some time before they are seen. Thirty minutes later, Twyla collapses. She is immediately rushed to a treatment room where she is diagnosed as having suffered a severe allergic reaction. High doses of antihistamine and oxygen are given, however, Twyla suffers minor brain damage due to oxygen deprivation.

Later that night, whilst Twyla is in hospital, Roland returns to his flat to try and get some sleep. Moments later, Roland hears a knock at the door and looking through the peephole identifies Johnny on the other side. Roland immediately calls Elmdale Police shouting that his ex-partner was back to kill him. The call receiver, Moira, tells Roland to 'calm down and that the police are on their way. Until they arrive, you should lock yourself in your flat and don't leave the premises.' Hearing Roland on the other side, Johnny begins banging on the door, trying to get in. Moira rates the call as Priority 1 'immediate attention needed' and assigns the case to Police Constables Budd and Davids, who are approximately one mile away from the flat. Chief Constable Brewer, however, intercepts the call and reassigns it to PC Mullens who is just coming off his break approximately three miles away from the flat. By this point, Johnny entered the flat using his key. When PC Mullens arrives, he could hear the two men yelling and finds Roland in critical condition after being badly beaten by Johnny. The police deny and all liability based on the Hill principle.

Advise all parties of their rights and liabilities in Tort.