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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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NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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