McGrath

1. Civil liability is not a matter of "charge".

2. The (since somewhat evolved) duty of care in Caparo -v- Dickman applies to action, not inaction (unless there is a duty to act, which might, for example, in a auditor case, have arisen by contract).   Compare John Munroe -v- London Fire Brigade, (1997, CA) and Kent -v- Griffiths (No3) (2000, CA).

3. There is no obvious proximity between the "neb" and the drowning man.