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Smith v. Chief Constable of Sussex, CA, 5/2/08

Description

Arguable that Police Owed Death Threats Victim Duty of Care:The Court of Appeal found that the judge below had been incorrect to strike out the Appellant's claim in negligence against the Chief Constable. The Appellant had been attacked by a former partner, in respect of whom the Police had been given ample information and evidence to make an arrest beforehand. The Court said that, although the police should not be required to answer in damages to every individual whose life or health might have been spared by more competent police conduct, unexcused neglect when it was incumbent upon the police to take at least elementary steps to do something, could sound in damages. Whether a duty and breach existed would depend on the facts of the case, and further analysis of the law in light of them.

Specifications

  • Court of Appeal
  • Friday, 19 August 2011

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