The claimant had been severely injured in an attack by a group of young men. He said that the defendant had failed in its duty to protect him and his family. He now appealed against the action being struck out.
Held: the judge’s interpretation of the Article 2 duty falling in the police was too narrow when he said that the duty arose only when the identity of the claimant was known to them: ‘Such a limitation would be inconsistent with the idea that the provisions of the Convention should be interpreted and applied in such a way as to make its safeguards practical and effective.’
The appeal succeeded as to the extent of the article 2 duty. It would now be up to a court below to establish whether on the facts the respondent was n breach.
Judges:
Lord Dyson MR, McFarlane, Sharp LJJ
Citations:
[2013] EWCA Civ 1252, [2013] WLR(D) 393, [2014] 1 All ER 960, [2014] 1 QB 411, [2013] 3 WLR 1540, [2014] Med LR 63
Links:
Statutes:
Human Rights Act 1998 6, European Convention on Human Rights 2 3
Jurisdiction:
England and Wales
Citing:
Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Cited – Mastromatteo v Italy ECHR 24-Oct-2002
The deceased had been a bystander killed by a group of criminals, some of whom were on leave of absence from prison and one of whom had absconded from prison. A complaint was made by the applicant that there had been a breach of the positive duty to . .
Cited – Makaratzis v Greece ECHR 20-Dec-2004
Police had shot at the applicant’s car being driven through road blocks. The claimant was injured. After an administrative investigation seven police officers were prosecuted but acquitted.
Held: There had been striking omissions in the . .
Cited – Oneryildiz v Turkey ECHR 18-Jun-2002
(Grand Chamber) The applicant had lived with his family in a slum bordering on a municipal house-hold refuse tip. A methane explosion at the tip resulted in a landslide which engulfed the applicant’s house, killing his close relatives. The applicant . .
Cited – Maiorano and Others v Italy ECHR 15-Dec-2009
Article 2 may apply may ‘in cases raising the obligation to afford general protection to society’ . .
Cited – Gorovenky And Bugara v Ukraine ECHR 12-Jan-2012
The applicants’ relatives were shot by an off-duty police officer. They complained that the state had failed to exercise requisite control over the procedure for equipping police officers with a weapon. They alleged that there had been a breach of . .
Cited – Kilic v Turkey ECHR 28-Mar-2000
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 2 in respect of failure to protect life; Violation of Art. 2 in respect of ineffective investigation; Not necessary to examine Art. 10; Violation of . .
Cited by:
Cited – Gardner and Another, Regina (on The Application of) v Secretary of State for Health and Social Care and Others Admn 27-Apr-2022
Patient transfer policy was unlawful
The claimants had relatives who died in care homes early in the COVID-19 pandemic. They said that the policy of moving patients from hospitals to care homes without testing had contributed to the deaths, and many others, and had been unlawful. The . .
Lists of cited by and citing cases may be incomplete.
Police, Human Rights
Updated: 28 April 2022; Ref: scu.516557