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Police shootings and the role of tort

Record type: Article

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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Citation

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

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Published date: September 2008

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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: 18 Jul 2017 23:04

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Author: Jenny Steele
Author: Philip Palmer

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