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21 September 2012 / Keith Patten
Issue: 7530 / Categories: Features , Public , Damages , Human rights , Personal injury
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Above the law...

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Keith Patten considers the liability of the police

The police are, in many ways, archetypal “deep pocket” defendants. The attempt to impose liability on them for a failure to prevent crime is, therefore, not surprising.

The fact that those attempts seem most often to fail does not prevent others seeking to navigate themselves through the narrow straits of liability. The Court of Appeal has recently been faced with another such claim, in Michael v Chief Constable of South Wales [2012] EWCA Civ 981, [2012] All ER (D) 216 (Jul).

To say that the facts are relatively straightforward is not to diminish the tragedy of the outcome. The claim was brought on behalf of the family and estate of a young woman.

The deceased had made a 999 call in the early hours to report that her former partner had hit her and, having left, had threatened to return to hit her again. She had further said to the control room operator that he had threatened to kill her, although there

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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