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Police shootings and the role of tort

Police shootings and the role of tort
Police shootings and the role of tort
In Ashley v Chief Constable of Sussex, the House of Lords ruled that a civil claim in trespass to the person may be sustained against an individual police officer in respect of a fatal shooting, in circumstances where the officer had already been acquitted in criminal proceedings and where liability to compensate in respect of all losses had been conceded.

Two members of the majority clearly ruled that trespass torts may have a vindicatory purpose which survives a concession of liability to compensate, thus deepening the connection between tort, and the protection of fundamental rights, and suggesting an intriguing distinction between the functions of civil and criminal law.
0026-7961
801-811
Steele, Jenny
a92980e5-6209-4cf7-ac22-b4bdfb40273c
Palmer, Philip
e0d68c8d-85d6-497a-a468-80d72a60c228
Steele, Jenny
a92980e5-6209-4cf7-ac22-b4bdfb40273c
Palmer, Philip
e0d68c8d-85d6-497a-a468-80d72a60c228

Steele, Jenny and Palmer, Philip (2008) Police shootings and the role of tort. Modern Law Review, 71 (5), 801-811. (doi:10.1111/j.1468-2230.2008.00716.x).

Record type: Article

Abstract

In Ashley v Chief Constable of Sussex, the House of Lords ruled that a civil claim in trespass to the person may be sustained against an individual police officer in respect of a fatal shooting, in circumstances where the officer had already been acquitted in criminal proceedings and where liability to compensate in respect of all losses had been conceded.

Two members of the majority clearly ruled that trespass torts may have a vindicatory purpose which survives a concession of liability to compensate, thus deepening the connection between tort, and the protection of fundamental rights, and suggesting an intriguing distinction between the functions of civil and criminal law.

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Published date: September 2008

Identifiers

Local EPrints ID: 146653
URI: http://eprints.soton.ac.uk/id/eprint/146653
ISSN: 0026-7961
PURE UUID: d53845fd-7a8f-4314-a78c-2c87212495dc

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Date deposited: 22 Apr 2010 08:05
Last modified: 14 Mar 2024 00:56

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Author: Jenny Steele
Author: Philip Palmer

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