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23 May 2019 / Alec Samuels
Issue: 7841 / Categories: Features , Criminal
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To protect & to serve

Alec Samuels reflects on the particular duty of the police to protect us
  • The criminal has caused serious injury or death to the victim. Has the victim or the family of the victim any remedy?

The victim rings 999 and calls for help. The police go to the victim’s house. Too late. The criminal has caused serious injury or death to the victim. Has the victim or the family of the victim any remedy?

The police are under a general duty to protect the public, but it is not a particular duty to each and every one of us individually. The victims of Peter Sutcliffe, the Yorkshire Ripper, had no remedy against the police for failing to protect them from death or injury: Hill v Chief Constable of West Yorkshire [1989] AC 53. The victim would need to show some sort of acceptance of responsibility for protection in the particular case, a special promise of protection upon which the victim relied. Basically the victim must prove that the police

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MOVERS & SHAKERS

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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