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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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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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