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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
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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