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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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EIP—Stuart Malcolm

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EIP strengthens Commercial practice with a new partner

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Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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