Van Colle & Anor v Hertfordshire Police [2007] EWCA Civ 325 (24 April 2007)

Van Colle & Anor v Hertfordshire Police [2007] EWCA Civ 325 (24 April 2007)

The police, through DC Ridley, failed to take reasonable and appropriate steps to protect Giles Van Colle from a real and immediate risk to his life posed by Daniel Brougham, despite clear evidence of escalating threats and intimidation. This failure constituted a breach of the positive operational duty under Article 2 ECHR. The breach was causally linked to Giles' death. The award of damages under the Human Rights Act 1998 was justified.

Citation
[2007] EWCA Civ 325
Parties
Claimant/respondent: Irwin Van Colle (Administrator of the Estate of Giles Van Colle deceased); Claimant/respondent: Corinne Van Colle; Defendant/appellant: Chief Constable of the Hertfordshire Police
Jurisdiction
England and Wales
Judgment Date
24 April 2007
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed; High Court judgment upheld
Legal Topics
Article 2 ECHR (right to Life), Article 8 ECHR (right to Respect for Private and Family Life), Positive Obligations of Police, Witness Protection, Causation in Human Rights Claims, Damages Under Human Rights Act 1998
Human Rights Law Tort Law Police Law Article 2 ECHR (right to Life) Article 8 ECHR (right to Respect for Private and Family Life) Positive Obligations of Police Witness Protection Causation in Human Rights Claims +1 more

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Parties

Irwin Van Colle (Administrator of the Estate of Giles Van Colle deceased)

Claimant/respondent

Corinne Van Colle

Claimant/respondent

Chief Constable of the Hertfordshire Police

Defendant/appellant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the police owed and breached a positive operational duty under Article 2 ECHR to protect the life of Giles Van Colle
  2. 2 Whether the police breached Article 8 ECHR rights of Giles Van Colle and his family
  3. 3 Whether the failures of the police were causally linked to the death of Giles Van Colle

Ratio Decidendi

The police, through DC Ridley, failed to take reasonable and appropriate steps to protect Giles Van Colle from a real and immediate risk to his life posed by Daniel Brougham, despite clear evidence of escalating threats and intimidation. This failure constituted a breach of the positive operational duty under Article 2 ECHR. The breach was causally linked to Giles' death. The award of damages under the Human Rights Act 1998 was justified.

Court Disposition

Appeal dismissed; High Court judgment upheld

Orders

  • Damages of £50,000 to be paid to the claimants (£15,000 for distress to Giles, £35,000 for parents' grief)
  • Appellant to pay costs