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The role of civil liability in ensuring police responsibility for failures to act after Michael and DSD

Hyde, Richard

Authors

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RICHARD HYDE RICHARD.HYDE@NOTTINGHAM.AC.UK
Professor of Law, regulation and Governance



Abstract

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.

Citation

Hyde, R. (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),

Journal Article Type Article
Publication Date Jan 1, 2016
Deposit Date Dec 2, 2015
Publicly Available Date Jan 1, 2016
Journal European Journal of Current Legal Issues
Electronic ISSN 2059-0881
Publisher Lancaster University Law School
Peer Reviewed Peer Reviewed
Volume 22
Issue 1
Keywords Police Accountability; Tort; Human Rights; Damages
Public URL http://eprints.nottingham.ac.uk/id/eprint/30969
Publisher URL http://webjcli.org/article/view/443
Related Public URLs http://webjcli.org/
Copyright Statement Copyright information regarding this work can be found at the following address: http://eprints.nottingham.ac.uk/end_user_agreement.pdf
Additional Information The Journal is an online open access journal. This article forms part of a special issue on police accountability.

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Copyright Statement
Copyright information regarding this work can be found at the following address: http://eprints.nottingham.ac.uk/end_user_agreement.pdf





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