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Can the Police ever be liable for negligent investigation or a failure to protect

Record type: Article

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.

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Citation

Palmer, Phil (2011) Can the Police ever be liable for negligent investigation or a failure to protect International Journal of Public Law and Policy, 1, (1), pp. 100-116. (doi:10.1504/IJPLAP.2011.041892).

More information

Published date: 2011
Keywords: police liability, public policy, negligence, human rights, positive duties, misfeasance

Identifiers

Local EPrints ID: 182979
URI: http://eprints.soton.ac.uk/id/eprint/182979
ISSN: 2044-7663
PURE UUID: a02f7081-e0e6-41c6-92c0-db9e46742249

Catalogue record

Date deposited: 28 Apr 2011 13:03
Last modified: 18 Jul 2017 11:56

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Author: Phil Palmer

University divisions


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