Michael and others v The Chief Constable of South Wales Police and another

Michael and others v The Chief Constable of South Wales Police and another

The police do not owe a private law duty of care in negligence to protect individuals from harm by third parties except where there is an assumption of responsibility or control over the source of danger; the facts alleged do not establish such a duty; the Article 2 claim should proceed to trial as factual issues remain.

Parties
Appellants: Michael and others (FC); Respondents: Chief Constable of South Wales Police and another; Intervener: Refuge; Intervener: Liberty; Intervener: Cymorth i Ferched Cymru (Welsh Women’s Aid)
Jurisdiction
England and Wales
Judgment Date
28 January 2015
Procedural Posture
Civil Appeal / Judgment on Appeal From Court of Appeal
Outcome
Appeal and cross-appeal dismissed
Legal Topics
Negligence, Duty of Care, Police Liability, Domestic Violence, Article 2 ECHR, Fatal Accidents Act, Law Reform (miscellaneous Provisions) Act, Human Rights Act
Tort Law Human Rights Law Public Law Negligence Duty of Care Police Liability Domestic Violence Article 2 ECHR +3 more

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Parties

Michael and others (FC)

Appellants

Chief Constable of South Wales Police and another

Respondents

Refuge

Intervener

Liberty

Intervener

Cymorth i Ferched Cymru (Welsh Women’s Aid)

Intervener

Procedural Posture

Civil Appeal / Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether police owe a duty of care in negligence to protect individuals from harm by third parties
  2. 2 Whether police assumed responsibility to protect Ms Michael
  3. 3 Whether there was a breach of Article 2 ECHR

Ratio Decidendi

The police do not owe a private law duty of care in negligence to protect individuals from harm by third parties except where there is an assumption of responsibility or control over the source of danger; the facts alleged do not establish such a duty; the Article 2 claim should proceed to trial as factual issues remain.

Court Disposition

Appeal and cross-appeal dismissed

Orders

  • Negligence claim struck out; no duty of care owed by police
  • Article 2 ECHR claim to proceed to trial