The role of civil liability in ensuring police responsibility for failures to act after Michael and DSD
Police failures may contribute to a failure to prevent injury, or worse. The question of whether the police should be liable for such investigatory failures has exercised the higher courts frequently since the seminal case of Hill. The Supreme Court has recently revisited the question in the case of...
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| Format: | Article |
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EJoCLI
2016
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| Online Access: | https://eprints.nottingham.ac.uk/30969/ |
| _version_ | 1848794101836677120 |
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| author | Hyde, Richard |
| author_facet | Hyde, Richard |
| author_sort | Hyde, Richard |
| building | Nottingham Research Data Repository |
| collection | Online Access |
| description | Police failures may contribute to a failure to prevent injury, or worse. The question of whether the police should be liable for such investigatory failures has exercised the higher courts frequently since the seminal case of Hill. The Supreme Court has recently revisited the question in the case of Michael, holding that the police will not be liable for a failure to prevent injury unless there are special circumstances showing an assumption of responsibility. In parallel to the developments in negligence, claims have been brought under the Human Rights Act, with an argument that the failures by the police led to injury or death, breaching obligations under the European Convention on Human Rights. Such a claim was successful before the Court of Appeal in DSD.This article seeks to analyse these two parallel trends, and to consider whether civil liability after Michael and DSD provides an avenue for obtaining both compensation and accountability. |
| first_indexed | 2025-11-14T19:10:51Z |
| format | Article |
| id | nottingham-30969 |
| institution | University of Nottingham Malaysia Campus |
| institution_category | Local University |
| last_indexed | 2025-11-14T19:10:51Z |
| publishDate | 2016 |
| publisher | EJoCLI |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | nottingham-309692020-05-04T20:05:16Z https://eprints.nottingham.ac.uk/30969/ The role of civil liability in ensuring police responsibility for failures to act after Michael and DSD Hyde, Richard Police failures may contribute to a failure to prevent injury, or worse. The question of whether the police should be liable for such investigatory failures has exercised the higher courts frequently since the seminal case of Hill. The Supreme Court has recently revisited the question in the case of Michael, holding that the police will not be liable for a failure to prevent injury unless there are special circumstances showing an assumption of responsibility. In parallel to the developments in negligence, claims have been brought under the Human Rights Act, with an argument that the failures by the police led to injury or death, breaching obligations under the European Convention on Human Rights. Such a claim was successful before the Court of Appeal in DSD.This article seeks to analyse these two parallel trends, and to consider whether civil liability after Michael and DSD provides an avenue for obtaining both compensation and accountability. EJoCLI 2016 Article PeerReviewed Hyde, Richard (2016) The role of civil liability in ensuring police responsibility for failures to act after Michael and DSD. European Journal of Current Legal Issues, 22 (1). ISSN 2059-0881 Police Accountability; Tort; Human Rights; Damages http://webjcli.org/article/view/443 |
| spellingShingle | Police Accountability; Tort; Human Rights; Damages Hyde, Richard The role of civil liability in ensuring police responsibility for failures to act after Michael and DSD |
| title | The role of civil liability in ensuring police responsibility for failures to act after Michael and DSD |
| title_full | The role of civil liability in ensuring police responsibility for failures to act after Michael and DSD |
| title_fullStr | The role of civil liability in ensuring police responsibility for failures to act after Michael and DSD |
| title_full_unstemmed | The role of civil liability in ensuring police responsibility for failures to act after Michael and DSD |
| title_short | The role of civil liability in ensuring police responsibility for failures to act after Michael and DSD |
| title_sort | role of civil liability in ensuring police responsibility for failures to act after michael and dsd |
| topic | Police Accountability; Tort; Human Rights; Damages |
| url | https://eprints.nottingham.ac.uk/30969/ https://eprints.nottingham.ac.uk/30969/ |