Can the UK police ever be liable for negligent investigation or a failure to protect? Online publication date: Tue, 31-Mar-2015
by Phil Palmer
International Journal of Public Law and Policy (IJPLAP), Vol. 1, No. 1, 2011
Abstract: The English legal approach to police negligent liability is highly restrictive. Immunity from prosecution continues to be the default position where claimants bring an action for negligent investigation or a negligent failure to protect. The alternative route to liability through the Human Rights Act has been so narrowly interpreted by the House of Lords, making the probability of a successful action as unlikely as an action in negligence. This article discusses the difficulties that claimants have in bringing a successful action and suggests an alternative route may be available using the tort of misfeasance.
Online publication date: Tue, 31-Mar-2015
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