Octoberbrochure - (Page 1) News @ 9 9 Gough Square IN THIS ISSUE 1 Negligence and Human Rights claims against the police – The end of the road? Edwin Buckett October 2008 2 APIL Appointments 3 Coleman v Attridge Law Ben Rodgers Negligence and Human Rights claims against the Police: The end of the road? The combined appeals of the Chief Constable of Hertfordshire Police v Van Colle and the Chief Constable of Sussex Constabulary v Smith (2008) UKHL 50 have given the House of Lords the opportunity to consider claims against the police for breach of Article 2 of the Convention of Human Rights (right to life) along with claims in negligence now that 3 years have passed since their last consideration of the latter topic in Brooks v Commissioner of Police (2005) 1 WLR 1495. In brief, the police appeals succeeded and their Lordships were able to rehash a principle that had become a little tarnished with age. The case of Van Colle was confined to a claim for breach of Article 2 and the House was unanimous in allowing the police appeal. The case of Smith concerned a claim in negligence which produced a 4:1 split between the judges (with Lord Bingham dissenting) and varying levels of anxiety from the majority. Edwin Buckett 4 The Sixth Edition of the Ogden Tables: A Year On Catherine Atkinson 5 Legal 500 Client Guide 2008 6 Family Law Case Review Emma-Jane Mahood of £50,000 (later reduced by the Court of Appeal to £25,000). In Smith, the police had applied to strike out the Claimant’s claim following service of the Defence. This application had succeeded before the trial judge but that decision was reversed by the Court of Appeal. The issue before the Court This can be summarised as : Can the victim of a crime of violence obtain redress against the police in circumstances when the police are alerted to a threat that an assailant may kill or inflict violence on the victim – and the police take no action to prevent that occurrence? 7 When is a door not a door? Simon Carr 8 9th Annual Clinical Negligence Seminar & Legal Update Real and Immediate Risk Van Colle was decided with reference to the definition of Article 2 found in Osman v U.K. (1998) 29 EHRR 245 in which it was stated: “it must be established to [the Courts] satisfaction that the authorities knew or ought to have known at the time of the existence of a real and immediate Diary dates: • Manual Handling Seminar 22nd October • 9th annual Clinical Negligence Seminar 6th November • Work Accidents at Sea Conference 19th November • Employment Seminar 20th November Details of our seminars can be found at www.9goughsquare.co.uk /CPD Training. Facts In Van Colle, the deceased, was murdered by a former employee who was subsequently convicted of that offence. The family brought their Article 2 claim against the police on the basis that the police had failed to prevent this occurring when the assailant had previously threatened and intimidated him. In Smith, the Claimant sustained a triple skull fracture and brain damage as a result of being attacked by his former partner who had threatened to kill the Claimant over a prolonged period. The assailant in that case was found guilty of GBH with intent and sentenced to 10 years imprisonment. In Van Colle, the case had proceeded to trial with a judgment in favour of the Claimant for breach of Article 2 and a consequent award of damages View our news online at www.9goughsquare.co.uk http://www.9goughsquare.co.uk http://www.9goughsquare.co.uk
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